The Great Undoing: Which of Trump’s Policies Will Biden Reverse?
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The Great Undoing: Which of Trump’s Policies Will Biden Reverse?

KHN has put together an interactive tool of significant health policies implemented by the Trump administration using its own authority — executive orders, agency guidance or formal regulations — and is tracking Biden administration and court actions.

We will update this chart as actions are taken.

Topics: Affordable Care Act | HHS Operations | Immigration | Insurance | Medicaid | Prescription Drugs | Price Transparency | Public Health | Women’s Reproductive Health


Latest Action

(updated May 10)

WHEN: June 19, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Enjoined by the U.S. District Court for the Eastern District of New York on Oct. 29, 2020. Biden’s Jan. 20, 2021, executive order mandates that agencies “consider whether to revise, suspend, or rescind” actions that do not fully implement statutes barring discrimination. On May 10, 2021, HHS announced it would resume enforcement of discrimination prohibitions based on sexual orientation or gender identity, citing court decisions that the department said supported the change.


Affordable Care Act

WHEN: Jan. 24, 2017

HOW: Executive order

STATUS/BIDEN ADMINISTRATION ACTION: Revoked by Biden’s Jan. 28, 2021, executive order.

WHEN: Aug. 31, 2017

HOW: Press release

STATUS/BIDEN ADMINISTRATION ACTION: Biden indirectly ordered the Department of Health and Human Services to restore funding as part of his Jan. 28, 2021, ACA executive order and promised to spend $50 million for outreach during a special 2021 open enrollment period. HHS announced on April 21, 2021, that it would provide $80 million for navigators for the 2022 plan year.

WHEN: Oct. 12, 2017

HOW: Announcement by HHS, backed by a Department of Justice legal opinion

STATUS/BIDEN ADMINISTRATION ACTION: Policy remains unchanged.

WHEN: April 18, 2017

HOW: Included in a larger HHS regulation

STATUS/BIDEN ADMINISTRATION ACTION: Effectively overturned by Biden’s Jan. 28, 2021, executive order.

WHEN: April 17, 2018

HOW: Included in a larger Centers for Medicare & Medicaid regulation

STATUS/BIDEN ADMINISTRATION ACTION: Regulation remains in effect, but Biden’s Jan. 28, 2021, executive order mandated a review by HHS. 

WHEN: Oct. 24, 2018

HOW: CMS guidance

STATUS/BIDEN ADMINISTRATION ACTION: The guidance was written into regulation the day before Trump’s term ended, Jan. 19, 2021. A lawsuit was filed in U.S. District Court in Washington in January challenging both the guidance and the regulation. A review by HHS was ordered as part of Biden’s Jan. 28, 2021, executive order.

WHEN: April 25, 2019

HOW: Regulation

STATUS/ BIDEN ADMINISTRATION ACTION: Regulation remains in effect. An HHS review was ordered as part of Biden’s Jan. 28, 2021, executive order.

WHEN: Nov. 1, 2020

HOW: Waiver

STATUS/BIDEN ADMINISTRATION ACTION: Remains in effect. Georgia’s plan is to move out of healthcare.gov for insurance policies purchased for 2023. A lawsuit seeking to reverse the decision was filed in U.S. District Court in Washington on Jan. 14, 2021. An HHS review was ordered as part of Biden’s Jan. 28, 2021, executive order.

WHEN: Jan. 19, 2021

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Regulation remains in effect. An HHS review was ordered as part of Biden’s Jan. 28, 2021, executive order.

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HHS Operations

WHEN: Oct. 9, 2019

HOW: Executive order

STATUS/BIDEN ADMINISTRATION ACTION: Rescinded by Biden’s executive order on Jan. 20, 2021.

WHEN: Jan. 14, 2021

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Biden ordered the Office of Management and Budget to “promptly take steps to rescind” the regulation in his Jan. 20, 2021, executive order.

WHEN: Jan. 19, 2021
HOW: Regulation
STATUS/BIDEN ADMINISTRATION ACTION: Several health groups filed suit in U.S. District Court for the Northern District of California on March 9, 2021, asking that the regulation be overturned. On March 23, 2021, the Biden administration postponed, pending judicial review, the effective date of the regulation to March 22, 2022.

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Immigration

WHEN: Aug. 14, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The regulation has been blocked by several federal district courts and upheld by circuit courts. The Supreme Court dismissed pending appeals on March 9, 2021, after the Biden administration announced it was no longer enforcing the provision. Biden ordered a review of the regulation in an executive order on Feb. 2, 2021.

WHEN: Oct. 4, 2019

HOW: Proclamation announced Oct. 4, 2019, and published Oct. 9, 2019

STATUS/BIDEN ADMINISTRATION ACTION: The policy was challenged in court but upheld by a panel of judges from the 9th Circuit Court of Appeals on Dec. 21, 2020. The plaintiffs have requested a review by the full court. Biden ordered a review of the policy in an executive order on Feb. 2, 2021. On May 13, 2021, Biden formally rescinded the proclamation.

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Insurance

WHEN: Aug. 3, 2018

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The regulation was challenged in court but upheld by the U.S. Court of Appeals for the District of Columbia on July 17, 2020.

WHEN: June 21, 2018

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: A judge in U.S. District Court in Washington struck down parts of the regulation on March 28, 2019. The case was appealed to the Court of Appeals for the D.C. Circuit, which heard arguments on Nov. 14, 2019, but has not yet issued an opinion. On Jan. 28, 2021, the Biden administration asked the court to delay its decision by at least 60 days.

WHEN: June 20, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Regulation remains unchanged.

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Medicaid

WHEN: Jan. 11, 2018

HOW: Guidance

STATUS/BIDEN ADMINISTRATION ACTION: The waivers granted to states were challenged, and a federal district judge vacated several approvals. That was appealed and the case made its way to the Supreme Court, which set a hearing date of March 29, 2021. The court removed the case from its calendar on March 11, 2021, but the case could still be heard later. In his Jan. 28, 2021, executive order, Biden mandated that HHS “consider whether to suspend, revise, or rescind” the guidance, which has since been removed from the CMS website.

WHEN: Nov. 13, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The regulation remains unchanged.

WHEN: Jan. 30, 2020

HOW: Guidance

STATUS/BIDEN ADMINISTRATION ACTION: HHS was ordered to “consider whether to suspend, revise, or rescind” the guidance in Biden’s Jan. 28, 2021, executive order.

WHEN: Jan. 8, 2021

HOW: Waiver

STATUS/BIDEN ADMINISTRATION ACTION: HHS was ordered to “consider whether to suspend, revise, or rescind” the waiver for Tennessee’s Medicaid program in Biden’s Jan. 28, 2021, executive order.

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Prescription Drugs

WHEN: May 10, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Drugmakers filed a lawsuit seeking to overturn the rule. The rule was blocked by the U.S. Court of Appeals for the District of Columbia on June 16, 2020.

WHEN: July 24, 2020

HOW: Executive order

STATUS/BIDEN ADMINISTRATION ACTION: Order remains unchanged.

WHEN: Oct. 1, 2020

HOW: Regulation and guidance from the FDA

STATUS/BIDEN ADMINISTRATION ACTION: A lawsuit challenging the rule was filed by drugmakers on Nov. 23, 2020, and is pending.

WHEN: Nov. 27, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Lawsuits were filed and several U.S. district courts — including those for Maryland, the Northern District of California and the Southern District of New York — blocked the rule. Following the courts’ actions, CMS announced on Dec. 28, 2020, that the rule would not be implemented without further rule-making.

WHEN: Nov. 30, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The U.S. District Court in Washington postponed most of the provisions a year, so they won’t take effect until Jan. 1, 2023. HHS, under the Biden administration, issued a final rule on Feb. 2, 2021, delaying the effective date of the parts of the rule that had not been stayed by the judge until March 22, 2021. The administration has until April 1 to decide whether to proceed to defend the remainder of the lawsuit.

WHEN: Dec. 23, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The Biden administration delayed implementation of the regulation until at least March 22, 2021. On March 23, the Biden administration again delayed the effective date to July 20, 2021.

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Price Transparency

WHEN: June 24, 2019

HOW: Executive order

STATUS/BIDEN ADMINISTRATION ACTION: Order remains unchanged.

WHEN: Nov. 12, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Health plans and insurers must make data files publicly available for policies that take effect starting Jan. 1, 2022, and they must provide cost-sharing information on 500 specified services the following year. Information on all items and services is required for policies that take effect starting Jan. 1, 2024.

WHEN: Nov. 27, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The American Hospital Association sued to overturn the regulation, but a judge in U.S. District Court in Washington dismissed the challenge on June 23, 2020. The regulation took effect Jan. 1, 2021.

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Public Health

WHEN: May 2018

HOW: A reorganization ordered by then-national security adviser John Bolton, the details of which were not made public.

STATUS/BIDEN ADMINISTRATION ACTION: The office was reconstituted under Biden’s Jan. 20, 2021, executive order.

WHEN: July 6, 2020

HOW: Nonpublic letter

STATUS/BIDEN ADMINISTRATION ACTION: Biden announced the U.S. would rejoin WHO via a national security memorandum on Jan. 21, 2021

WHEN: Dec. 2, 2020

HOW: Regulation

STATUS/BIDEN ADMINISTRATON ACTION: A challenge by major organ transplant centers in federal district court was rejected on Jan. 16, 2020. The regulation was frozen by the Biden administration on Feb. 2, 2021, as part of a 60-day review of Trump administration regulations.

WHEN: July 26, 2019

HOW: Guidance

STATUS/BIDEN ADMINISTRATION ACTION: An April 16, 2021, announcement from the director of the NIH informed outside researchers that the new restrictions would be lifted and that NIH would not convene an ethics advisory board to review new research using human fetal tissue from elective abortions.

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Women’s Reproductive Health

WHEN: Jan. 23, 2017

HOW: Memorandum

STATUS/BIDEN ADMINISTRATION ACTION: Rescinded by Biden memorandum, Jan. 28, 2021.

WHEN: April 3, 2017

HOW: Memorandum from the State Department

STATUS/BIDEN ADMINISTRATION ACTION: Funding was restored by Secretary of State Antony Blinken on Jan. 28, 2021, following Biden’s executive order that day.

WHEN: May 9, 2017

HOW: Executive order

STATUS/BIDEN ADMINISTRATION ACTION: Written into multiple regulations Oct. 13, 2017, and Nov. 15, 2018. Remains unchanged.

WHEN: Oct. 13, 2017

HOW: Interim final regulation

STATUS/BIDEN ADMINISTRATION ACTION: Litigated alongside final regulation (below). Upheld by the Supreme Court on July 8, 2020.

WHEN: Oct. 13, 2017

HOW: Interim final regulation

STATUS/BIDEN ADMINISTRATION ACTION: Litigated alongside final regulation (below). Upheld by the Supreme Court on July 8, 2020.

WHEN: Jan. 19, 2018

HOW: CMS guidance

STATUS/BIDEN ADMINISTRATION ACTION: Guidance remains in effect. Lawsuits challenging individual states’ efforts to exclude Planned Parenthood from Medicaid are at various stages of litigation, but no suits have been filed challenging the federal guidance.

WHEN: Nov. 15, 2018

HOW: Final regulation

STATUS/BIDEN ADMINISTRATION ACTION: Upheld by the Supreme Court on July 8, 2020.

WHEN: Nov 15, 2018

HOW: Final regulation

STATUS/BIDEN ADMINISTRATION ACTION: Upheld by the Supreme Court on July 8, 2020.

WHEN: May 21, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: The regulation was blocked by several federal district courts. A hearing on the rule before the 9th Circuit Court of Appeals scheduled for March 17, 2021, was canceled at the request of the Biden administration.

WHEN: June 5, 2019

HOW: Statement from HHS

STATUS/BIDEN ADMINISTRATION ACTION: Remains unchanged.

WHEN: Dec. 27, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: A federal district judge in Maryland overturned the rule on July 10, 2020. The decision has been appealed.

WHEN: March 4, 2019

HOW: Regulation

STATUS/BIDEN ADMINISTRATION ACTION: Multiple lawsuits were filed, but the full 9th U.S. Circuit Court of Appeals upheld the regulation on Feb. 24, 2020. Biden’s Jan. 28, 2021, executive order instructed HHS to act to “suspend, revise, or rescind” the regulation.

On April 14, HHS proposed new regulations that would return the program to the policies in effect pre-Trump. The proposed regulations were published in the Federal Register on April 15. Biden ordered a review of the policy in an executive order on Feb. 2, 2021. On May 17, the Supreme Court dismissed the cases, after the Biden administration said it would continue to enforce the Trump rules (except in Maryland, where they were blocked by a separate court order) until its new rules are finalized.

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KHN reporter Victoria Knight contributed to this report.