This is part five in a series of executive orders related to health care.
Trump Recission of Biden Administration Executive Orders
Medicaid and the Affordable Care Act (ACA)
Rescinded: Biden administration Executive Order (Jan. 28, 2021): Strengthening Medicaid and the Affordable Care Act
The Biden EO required:
- The Department of Health and Human Services (HHS) and other agencies to review all existing regulations, guidance, policies and other actions to determine whether they are inconsistent with policy. If deemed so, consider whether to suspend, revise or rescind them.
- Centers for Medicare and Medicaid Services to address demonstrations and waivers that risked reducing coverage or otherwise undermine Medicaid and the ACA. As a result, CMS withdrew approval for Section 1115 waivers that included Medicaid work requirements.
The revocation of this EO signals the potential for agency actions to reduce coverage and access to coverage.
Rescinded: Biden administration Executive Order (Oct. 14, 2022): Lowering Prescription Drug Costs for Americans
The Biden EO required:
- The Department of Health and Human Services (HHS) to consider testing new health care payment models that would lower drug costs and promote access to innovative drug therapies.
Rescinded: Biden administration Executive Order (Sept. 12, 2022): Implementation of the Inflation Reduction Act (IRA)
The Biden EO encouraged further action on lowering prescription drug prices.
- The IRA gave Medicare the right to negotiate prescription drug price paid through Medicare Part D. The Biden EO directed HHS to consider additional actions that could reduce prescription drug costs. In response HHS promulgated several models of improved affordability and access to prescription drugs. It included proposals to institute a $2 copayment for generic prescription drugs across Medicare Part D and to help state governments in their own negotiations related to drug prices in Medicaid.
President Trump rescinded several other Executive Orders which impact health care access.
- EO 13986 (2021) ensured a lawful and accurate enumeration and apportionment in the census, which helps determine how to allocate federal and state funding for health programs including Medicaid.
- EO 14031 (2021) promoted health care equity for Asian American, Native Hawaiian and Pacific Islander communities by promoting data disaggregation and addressing language access barriers, among other directives.
- EO 14012 (2021) directed agencies to review and consider the effects of all agency actions related to the implementation of the public charge ground of inadmissibility and related ground of deportability and identify actions to address their effects on the public’s health, for example the Trump era rule’s chilling effect on Medicaid enrollment and healthcare utilization.
- EO 14705 (2022) directed HHS to leverage legal authorities to protect access to healthcare for LGBTQ+ individuals, including children, among the EO requirements. This includes gender-affirming, sexual, reproductive and mental health care, from harmful state and local laws and practices.
EO 14094 (2023) modernized the regulatory process by promoting equitable input from underserved communities, strengthening regulatory analysis to recognize distributive impacts and equity and directing the Office of Management and Budget (OMB) to revise Circular A-4 to implement these policies.
Click here to read part one of this series of executive orders related to health care.
Click here to read part two of this series of executive orders related to health care.
Click here to read part three of this series of executive orders related to health care.
Click here to read part four of this series of executive orders related to health care.
