[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Presidential Documents]
[Pages 7793-7795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02252]


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  Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / 
Presidential Documents  

[[Page 7793]]


                Executive Order 14009 of January 28, 2021

                
Strengthening Medicaid and the Affordable Care 
                Act

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. In the 10 years since its enactment, 
                the Affordable Care Act (ACA) has reduced the number of 
                uninsured Americans by more than 20 million, extended 
                critical consumer protections to more than 100 million 
                people, and strengthened and improved the Nation's 
                healthcare system. At the same time, millions of people 
                who are potentially eligible for coverage under the ACA 
                or other laws remain uninsured, and obtaining insurance 
                benefits is more difficult than necessary. For these 
                reasons, it is the policy of my Administration to 
                protect and strengthen Medicaid and the ACA and to make 
                high-quality healthcare accessible and affordable for 
                every American.

                Sec. 2. Special Enrollment Period. The coronavirus 
                disease 2019 (COVID-19) pandemic has triggered a 
                historic public health and economic crisis. In January 
                of 2020, as the COVID-19 pandemic was spreading, the 
                Secretary of Health and Human Services declared a 
                public health emergency. In March of 2020, the 
                President declared a national emergency. Although 
                almost a year has passed, the emergency continues--over 
                5 million Americans have contracted the disease in 
                January 2021, and thousands are dying every week. Over 
                30 million Americans remain uninsured, preventing many 
                from obtaining necessary health services and treatment. 
                Black, Latino, and Native American persons are more 
                likely to be uninsured, and communities of color have 
                been especially hard hit by both the COVID-19 pandemic 
                and the economic downturn. In light of the exceptional 
                circumstances caused by the ongoing COVID-19 pandemic, 
                the Secretary of Health and Human Services shall 
                consider establishing a Special Enrollment Period for 
                uninsured and under-insured Americans to seek coverage 
                through the Federally Facilitated Marketplace, pursuant 
                to existing authorities, including sections 18031 and 
                18041 of title 42, United States Code, and section 
                155.420(d)(9) of title 45, Code of Federal Regulations, 
                and consistent with applicable law.

                Sec. 3. Immediate Review of Agency Actions. (a) The 
                Secretary of the Treasury, the Secretary of Labor, the 
                Secretary of Health and Human Services, and the heads 
                of all other executive departments and agencies with 
                authorities and responsibilities related to Medicaid 
                and the ACA (collectively, heads of agencies) shall, as 
                soon as practicable, review all existing regulations, 
                orders, guidance documents, policies, and any other 
                similar agency actions (collectively, agency actions) 
                to determine whether such agency actions are 
                inconsistent with the policy set forth in section 1 of 
                this order. As part of this review, the heads of 
                agencies shall examine the following:

(i) policies or practices that may undermine protections for people with 
pre-existing conditions, including complications related to COVID-19, under 
the ACA;

(ii) demonstrations and waivers, as well as demonstration and waiver 
policies, that may reduce coverage under or otherwise undermine Medicaid or 
the ACA;

(iii) policies or practices that may undermine the Health Insurance 
Marketplace or the individual, small group, or large group markets for 
health insurance in the United States;

[[Page 7794]]

(iv) policies or practices that may present unnecessary barriers to 
individuals and families attempting to access Medicaid or ACA coverage, 
including for mid-year enrollment; and

(v) policies or practices that may reduce the affordability of coverage or 
financial assistance for coverage, including for dependents.

                    (b) Heads of agencies shall, as soon as practicable 
                and as appropriate and consistent with applicable law, 
                consider whether to suspend, revise, or rescind--and, 
                as applicable, publish for notice and comment proposed 
                rules suspending, revising, or rescinding--those agency 
                actions identified as inconsistent with the policy set 
                forth in section 1 of this order.
                    (c) Heads of agencies shall, as soon as practicable 
                and as appropriate and consistent with applicable law, 
                consider whether to take any additional agency actions 
                to more fully enforce the policy set forth in section 1 
                of this order.

                Sec. 4. Revocation of Certain Presidential Actions and 
                Review of Associated Agency Actions. (a) Executive 
                Order 13765 of January 20, 2017 (Minimizing the 
                Economic Burden of the Patient Protection and 
                Affordable Care Act Pending Repeal), and Executive 
                Order 13813 of October 12, 2017 (Promoting Healthcare 
                Choice and Competition Across the United States), are 
                revoked.

                    (b) As part of the review required under section 3 
                of this order, heads of agencies shall identify 
                existing agency actions related to or arising from 
                Executive Orders 13765 and 13813. Heads of agencies 
                shall, as soon as practicable, consider whether to 
                suspend, revise, or rescind--and, as applicable, 
                publish for notice and comment proposed rules 
                suspending, revising, or rescinding--any such agency 
                actions, as appropriate and consistent with applicable 
                law and the policy set forth in section 1 of this 
                order.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 7795]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 28, 2021.

[FR Doc. 2021-02252
2-1-21; 8:45 am]
Billing code 3295-F1-P