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Trump and Health Care Transparency

Many of my media colleagues have been lauding President Donald Trump for signing an executive order earlier this week directing the federal Department of Health and Human Services to require health care providers to inform patients in advance of the true costs of medications and services.

The gist of the president’s order seems universally pleasing. Who doesn’t want to know from a health care provider — your physician, an emergency facility or a hospital — what the likely cost will be to you and what the actual cost of medications was to the provider? We all would like to know that. But does the president have the constitutional authority to order it? In a word: No.

Here is the backstory.

In 2010, Congress enacted and President Barack Obama signed into law the Affordable Care Act, commonly called Obamacare. It was Obama’s signature legislation and, in his own words, it defined his presidency.

Obamacare consisted of a nearly complete federal takeover of

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Author
Andrew Napolitano
Judge Andrew P. Napolitano is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. Judge Napolitano has been Fox News’ Senior Judicial Analyst since 1998 and he is nationally known for watching and reporting on the government as it takes liberty and property.