Biden Issues Executive Order to Strengthen the ACA

The Order Directs Federal Agencies to Review Existing Policies to Determine whether they Undermine the ACA

On Jan. 28, 2021, President Joe Biden issued an executive order that is intended to strengthen the Affordable Care Act (ACA) and Medicaid. The executive order directs the Department of Health and Human Services (HHS) to consider establishing a special enrollment period through Federally Facilitated Exchanges due to the coronavirus (COVID-19) pandemic.

The order also directs HHS, the Treasury and the Department of Labor (DOL) 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. Finally, the executive order revokes two prior executive orders issued by the Trump administration.

An executive order is a broad policy directive that directs federal agencies to consider new regulations or guidance to implement the order’s policies. The order itself does not make any changes to existing regulations. As a result, the executive order’s specific impact will remain largely unclear until agencies can issue further guidance.

Related Info

2023 DOL Penalties

Civil Penalty/Monetary Penalty Description and ERISA Penalty Statute Section	New Maximum Penalty Effective Jan. 15, 2023
Failure to furnish statement of benefits to former retirement plan participants	$33/employee
Failure or refusal to file annual report (Form 5500)	$2,400/day
Failure to furnish employee benefit plan documents to DOL upon request	$171/day (but no greater than $1,713 per request)
Failure by employer to inform employees of Medicaid/CHIP coverage opportunities.	$127/day/employee
Failure of group health plan's plan administrator to provide state with timely coverage coordination disclosure form for Medicaid/CHIP eligible individuals.	$127/day/participant or beneficiary
Failure to provide Summary of Benefits Coverage to participant or beneficiary of group health plan	$1,190/participant or beneficiary
For a complete list of ERISA penalties click here.

Typical Dental Coverage*
Deductible: $50/$150 Annual Limit: $1000 per person Network Type: PPO In/Out Network Coverage? Yes Preventative: Covered at 100% Basic Restorative: Covered at 80% Major Restorative: Covered at 50% Orthodontia: Depends on Plan
Donna’s Links
HR Compliance Links
►HR Hotline ►Client Dashboard ►HR & Compliance Library ►Summary Plan Desc. ►Pre-Tax Documents ►Employee Handbook