Biden executive order opens new Obamacare ‘Special Enrollment Period’

President Biden signed a pair of executive orders on Thursday, including one that re-opened access to the Obamacare marketplace through a special enrollment period (SEP).

Biden asserted that the executive orders were meant to “undo the damage Trump has done. There’s nothing new that we’re doing here other than restoring the Affordable Care Act and restoring Medicaid to the way it was before Trump became president. He changed and made it more inaccessible, more expensive, and more difficult for people to qualify for either of those two items.”

As part of the executive order, the Department of Health and Human Services (HHS) will enact an SEP from Feb. 15 through May 15, 2021.

US President Joe Biden signs executive orders on health care, in the Oval Office of the White House in Washington, DC, on January 28, 2021. - The orders include reopening enrollment in the federal Affordable Care Act. (Photo by MANDEL NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images)
US President Joe Biden signs executive orders on health care, in the Oval Office of the White House in Washington, DC, on January 28, 2021. (Photo by MANDEL NGAN/AFP via Getty Images)

‘The time is now’

An SEP allows uninsured Americans to immediately sign up for health care through the Affordable Care Act (ACA) marketplace. In the U.S., all but 12 states and the District of Columbia have a federally-run marketplace, meaning that reopening it would take an executive order.

During the coronavirus pandemic, according to a report from the Centers for Medicare and Medicaid Services (CMS), the number of people who used the ACA exchange through an SEP was “higher for the 2020 coverage year than for any of the prior coverage years.”

Approximately 485,000 consumers gained coverage during that period, a whopping 52% increase year over year. The largest gain in SEP enrollment was in April 2020, which saw an 139% increase in enrollment year over year. A record 20.5 million jobs were lost that month in the U.S.

SILVER SPRING, MD - NOVEMBER 1: Aneeta(cq) Malcolm talks with Eduardo Gamero, a Certified Navigator, at the offices of Montgomery County Health Department in Silver Spring, MD. on November 1, 2017. Gamers was helping Malcolm negotiate renewing her health care through the ACA. Today was the first day of open enrollment. (Photo by Michael Robinson Chavez/The Washington Post via Getty Images)
Aneeta(cq) Malcolm talks with Eduardo Gamero, a Certified Navigator, at the offices of Montgomery County Health Department in Silver Spring, MD. on November 1, 2017. (Photo by Michael Robinson Chavez/The Washington Post via Getty Images)

Some who lost coverage were able to enroll in Medicaid, COBRA, or a provider through the ACA marketplace as part of an SEP, but only for a certain period of time.

Medicaid allows low-income Americans to obtain health care coverage at a fairly low cost. But not all states have the same requirements, especially since 12 states didn’t adopt the Medicaid expansion allotted by the ACA. And, some states have implemented work requirements in order to qualify for Medicaid, despite the fact that a majority of the enrollees are either elderly or suffering from some kind of disability.

Along with reopening a special enrollment period, Biden’s order directs agencies to “re-examine policies that undermine protections for people with pre-existing conditions (including COVID-19 complications), policies that make it more difficult to enroll in Medicaid and the ACA, policies that undermine the health insurance marketplace or other markets for health insurance, and demonstrations and waivers under Medicaid and the ACA that may reduce coverage or undermine the programs, including work requirements,” according to the White House press release.