Trump Drafting Executive Order To Kill Obamacare's Individual Mandate, Report

After having previously cut so-called "cost reduction subsidies" (see: Trump To Scrap Crucial Obamacare Insurer Subsidy) and the marketing budget for Obamacare, Trump is now reportedly ready to also repeal the legislation's controversial "individual mandate" which taxes people who choose to forego health insurance.

According to the Washington Examiner an executive order has already been drafted to scrap the mandate but has not yet been executed only due to ongoing GOP debates over whether or not to include the repeal in the pending tax bill.

The Trump administration has prepared an executive order that would unravel Obamacare's individual mandate, but has put it on hold to see whether it might be included in the Republican tax bill instead, a GOP senator told the Washington Examiner.


According to the senator, an executive order is sitting with the Office of Management and Budget waiting for approval. President Trump decided to delay the executive order after Sen. Tom Cotton, R-Ark., pushed for the inclusion of the individual mandate repeal in the tax bill, and has been supportive of its inclusion in statements he has made on Twitter.

Obama Legacy

Of course, including the individual mandate repeal in the tax legislation is intended create billions in budget savings and offset lower tax receipts but it could come with the unfortunate side effect of alienating potential mainstream GOP votes in the Senate who refused to support the Obamacare repeal efforts earlier this year.

Including repeal of the individual mandate in the tax bill instead of through executive order would create billions in budget savings that Republicans need to pay for tax cuts. According to a Congressional Budget Office report published in December 2016, repeal of the individual mandate would save $416 billion over a decade, since it would mean fewer subsidy payments to people who sign up. A new CBO report is expected Monday.


The repeal is not currently in the tax bill, known as the Tax Cuts and Jobs Act, but House Speaker Paul Ryan said this weekend that it was on the negotiation table among House Republicans.


"We have an active conversation with our members on a whole host of ideas on things to add to this bill and that's one of the things being discussed," he said.


The senator who spoke to the Washington Examiner, who asked to remain anonymous, thinks colleagues could embrace repeal in the tax bill, because the revenue generated "pays for so many tax cuts."

According to the Washington Examiner, Trump cannot repeal the individual mandate through executive order, but he can broaden "hardship exemptions," which under Obamacare are left to the discretion of the administration. The exemptions allow customers to have ways to get out of paying the fine for not having coverage, which is $695 per adult or 2.5 percent of income, whichever is higher.

The Obama administration created hardship exemptions for a range of situations, including if someone filed for bankruptcy, experienced a flood, death of a family member, domestic violence or a shut-off notice from a utility company.

Of course, it's only a matter of time until Nancy Pelosi and/or Chuck Schumer take a stage somewhere to tell us precisely how many people will die as a result of Republicans even talking about an "individual mandate" repeal.


RAT005 DownWithYogaPants Mon, 11/06/2017 - 11:44 Permalink

The fine was never enforceable but I'm glad to hear them make it easier for people to understand you don't need to purchase Obamacare.Next they should start outing how little benefit there is to having Obamacare.  It's a piece of paper that says if a medical service facility will accept it, you can get some healthcare.  It doesn't give you any promises of healthcare nor any promise that healthcare received will be beneficial.

In reply to by DownWithYogaPants

RAT005 RAT005 Mon, 11/06/2017 - 11:49 Permalink

Don't forget, way back at the beginning, when Obama and Co. started this Insur. Corp. payoff.... It was passed in the middle in the night right before Christmas by bribing a few scum repubs with strict emphases that it wasn't a tax.  Then in court to defend they had the authority to make you buy it, they said they weren't selling, they were taxing.  But there are laws how new taxes get passed and this "tax" didn't follow that law because in the beginning it was bad PR to call it a tax.The whole thing is legally full of holes not to mention there really isn't much healthcare involved in the whole thing.  It's a wealth redistribution tax and jobs program.

In reply to by RAT005

Never One Roach Mon, 11/06/2017 - 10:39 Permalink

It's about time!The unaffordable Obamacare tax mandate has bankrupted and harmed more families then almost any other failed Obama policy.Partial blame goes to the alt lefties on the Supreme Court who upheld this POS.Mentally diseased far left, anti-American Ginsberg should be forced to resign or recuse herself from ANY case that involves Trump imo.

Anteater whatamaroon Mon, 11/06/2017 - 10:58 Permalink

If I buy car insurance, I should be able to take my wreck to threerepair shops and the insurance will pay in full for the best deal.If I buy health insurance and get sick, I should get covered in fullto buy low-cost Canadian pharmaceuticals, right? Much lower cost.Nope. Bush2 made it unconstitutional law. Has to be Big Pharma.If I buy health insurance and need elective surgery or dental care,I get covered in full to fly to SEAsia for ultra-low cost healthcare?Nope, MIC Med until your coverage is depleted. Then they takeyour life savings. Then they garnish your wages. Then the house.Face it, America is fucked sideways. 3x more pricey healthcare thananywhere. #21st in the world in terms of satisfactory life outcomes.WINNING!! DEATH PANELS!! 

In reply to by whatamaroon

JBilyj Mon, 11/06/2017 - 10:49 Permalink

If this is forced into the Tax bill, it will tank its chances of passing and the US economy will go down the crapper. If the tax bill passes, expect a market melt-up!

falconflight Mon, 11/06/2017 - 11:00 Permalink

He doesn't have the constitutional authority to amend this or any other law.  Just like Obama did not have the authority to grant waivers to organizations/companies under the same law.  Period.  

Consuelo Mon, 11/06/2017 - 11:01 Permalink

  Always worthy of mention when it comes to this issue, is the Constitutionality (or muster thereof) of the Individual Mandate - which of course, by any rational means and/or explanation, exists not.  Just-Us Roberts' needle-threading hyperloop into the parallel universe of taxation via commerce doesn't simply stretch the bounds of credibility, it was then upon interpretation and remains, Illegal...That likely 2/3 of Congress is $bought & paid for by the industries all-around which benefit from this travesty of justice, continues to be the 10,000 lb. pink elephant stomping the wedding party whilst drugged (literally) patrons go about their way in willful ignorance.