President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) into law on March 11, 2021. Along with providing financial relief for individuals, state and local governments, schools, businesses and for other purposes, the law contains the following measures of special interest to employers and their employees:

Exchange Special Enrollment Period

This 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.

Review of Existing Guidance

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.

Specifically, the executive order requires these agencies to review:

• Policies or practices that may undermine protections for people with preexisting conditions, including COVID-19 complications;
• Demonstrations and waivers that may reduce or undermine coverage under Medicaid or the ACA;
• Policies or practices that may undermine the Exchanges or the health insurance markets;
• Policies or practices that may present unnecessary barriers to Medicaid or ACA coverage, including for midyear enrollment; and
• Policies or practices that may reduce the affordability of or financial assistance for coverage.

The executive order also 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 The first, issued Jan. 20, 2017, was intended to minimize burdens of the ACA until it can be repealed and replaced.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.