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Trump’s Executive Order on ACA and The Employer

As has been widely reported, President Trump issued an Executive Order addressing the Affordable Care Act (the “ACA”)—but many of our clients are wondering what impact it has on them and the group health plans that they sponsor for their employees, because the language of the Executive Order only speaks to minimizing the economic burden of the ACA on individuals, families, healthcare providers, health insurers, and health insurance purchasers.
By its terms, the Executive Order does not specifically address employers. Further, implementation of the Executive Order involves several practical challenges, including the fact that the heads of the agencies overseeing the ACA have not been confirmed and that the Order is to be implemented consistent with applicable law—meaning that the agencies are not supposed to disregard the ACA while repeal or replacement legislative efforts are being undertaken.
So, what’s an employer to do?

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