Recap of President Biden’s First 100 Days
Last Thursday marked the first 100 days of President Biden’s Administration. Since the days of FDR, it has been tradition for the country mark a president’s first 100 days in office, and to reflect on what has been done.
The president issued 42 executive orders in his first 100 days, more than any president dating back to Harry S. Truman in 1945. One of the most pertinent healthcare-focused executive actions was taken on January 28, when President Biden directed HHS to expand access to ACA coverage and bolster the Medicaid program. This created a new SEP beginning February 15 and ending May 15 (which has since been extended to August 15). Overall, most of Biden’s executive actions have been focused on coronavirus and immigration, with many overturning policies enacted by President Trump. It has become common for presidents to sign a slew of executive orders to reverse their predecessor’s during their first 100 days in office.
Biden signed 11 bills into law, less than half the amount that President Trump signed in his first 100 days. In comparison to other presidents in the 21st century, George W. Bush and Barrack Obama signed seven and 14 bills respectively in their first 100 days. If there is one piece of legislation that the president’s first 100 days will be remembered for, it is the $1.8 trillion American Rescue Plan. ARP made some significant, but temporary, changes to ACA exchange subsidies and COBRA subsidies, expansion of the child tax credit, an increase in the amount that can be set aside for a dependent-care FSA, and more. The list of 11 bills also includes the PPP Extension Act of 2021 that amended the Paycheck Protection Program, extending the deadline for small businesses to apply for the relief program’s loans from March 31 to May 31.
Federal agencies have certainly been busy in the last 100 days. We have received guidance from the DOL, HHS and the Treasury Department on all the questions that have risen from the Consolidated Appropriations Act and ARP, along with guidance on COVID-19 vaccines, relief for employers and employees in group health plans, health plan filing deadlines for 2022, user fee data, priorities for compliance review, mental health parity and more. The Administration also froze various proposed rules from the Trump Administration that were not yet finalized, such as the drug rebating rule, EEOC wellness program proposed rules that were published and then unpublished the week of the inauguration, mandated regulatory reviews, and efforts to streamline interoperability and prior authorization.
Another major activity area for the Biden Administration’s first 100 days is in judicial proceedings. In early February, the Biden Administration officially reversed the Justice Department’s official position on the ACA in California v. Texas, stating that the law is in fact constitutional. The Trump Administration previously supported the coalition of Republican-led states that were arguing against the constitutionality of the ACA, calling on the Supreme Court to strike down the law in its entirety. The conservative argument is that by zeroing out the individual mandate that penalized consumers for not having health coverage, the entire law is invalid. The Biden Justice Department, however, said the moot mandate remains constitutional, but that even if the court decides otherwise, the rest of the law should remain.
Our first Live from NAHU webinar of the Biden Administration will take place on Tuesday, May 11, at 2:00 p.m. ET, when we will take a deep dive into President Biden’s first 100 days and the outlook for health reform moving forward. Register here.