On Jan. 28, 2021, President Joe Biden issued an executive order that is intended to strengthen the Affordable Care Act (ACA) and Medicaid.

The order:

• Directs various departments to review all existing regulations and guidance, and other agency actions to determine whether they are inconsistent with the policy of the executive order, and consider whether to suspend, revisit or rescind those actions.
• Revokes two prior executive orders issued by the Trump administration. The first, issued Jan. 20, 2017, was intended to minimize burdens of the ACA until it can be repealed and replaced. The second, issued Oct. 12, 2017, relaxed regulations on association health plans.
• Encourages establishing a new special enrollment period (SEP) due to the coronavirus (COVID-19) pandemic through Exchanges using the federal www.HealthCare.gov platform. This has since been implemented.  States using their own Exchange platforms are strongly encouraged to make a similar SEP available in their states.

Starting on Feb. 15, 2021, and continuing through May 15, 2021, Exchanges using the www.HealthCare.gov platform will make a SEP available to all Exchange-eligible consumers who are submitting a new application or updating an existing application.

Consumers do not need to provide any documentation of a qualifying event (such as loss of a job or birth of a child), which is typically required for SEP eligibility. Consumers found eligible for Medicaid or CHIP will be transferred to their state Medicaid and CHIP agencies for enrollment in those programs.

Executive Order Issued to Strengthen the ACA

Exchange Special Enrollment Provided Due to COVID