New Executive Order Revokes Previous Administration’s Health Policy Directives

On January 28, 2021, President Biden issued an Executive Order entitled Strengthening Medicaid and the Affordable Care Act. Included within the Order was what was described as an objective to “make high-quality healthcare accessible and affordable for every American.” Of particular interest in this Order is the revocation of two Executive Orders issued by former President Trump.

Executive Order 13765, Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal, which was issued on January 20, 2017, gave federal agencies the authority to grant waivers, deferrals, or exemptions in an effort to delay implementation of the Affordable Care Act provisions that would impose fiscal burdens on states, individuals, healthcare providers, health insurers, and others.

Executive Order 13813, Promoting Healthcare Choice and Competition Across the United States, which was issued on October 12, 2017, directed federal agencies to identify actions that could be taken to facilitate the provision of high-quality healthcare at affordable prices and prioritized improvements in respect to association health plans, short-term limited-duration insurance, and health reimbursement arrangements.

President Biden’s Executive Order further directs the heads of agencies to review actions that are related to or that arose based on Executive Orders 13765 and 13813 and consider whether to suspend, revise, or rescind such actions.