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How Much of Trump’s Health Agenda Has Biden Undone?
(KHN photo illustration/Getty Images / Wikimedia Commons)

How Much of Trump’s Health Agenda Has Biden Undone?

Since President Joe Biden took the reins of the federal executive branch, and with them the power to undo health policies of his predecessor, how much has this administration accomplished?

It depends on how — and what — you count. Biden or his health officials were quick to reverse many of the policies President Donald Trump implemented that did not require formal regulations. Those include having the U.S. rejoin the World Health Organization, rolling back the “Mexico City” policy that banned aid or international organizations that support abortion rights, and canceling a ban on the use of federal funds to study fetal tissue from elective abortions.

The administration also managed more complex unwindings. Final to restore the ability of Planned Parenthood and other abortion providers to participate in the federal family planning program. Also was the Trump administration’s effort to link prescription drug prices to their lowest available costs, equivalent to those of other industrialized countries.

But other high-profile Trump policies remain in place, at least for now. For example, the Biden administration has not yet attempted to amend Trump policies allowing prescription drug imports from Canada, although Biden officials have yet to approve any of the state plans submitted under that policy.

ѿý Health News will continue to follow the Biden administration’s actions on Trump executive branch policies and update this interactive tool, which covers executive orders, agency guidance, formal regulations, and court matters.

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


Latest Action

(updated May 6, 2024)

WHEN: June 19, 2020

HOW:

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

On May 6, 2024, the Biden administration reinstituting the protections.

WHEN: Aug. 3, 2018

HOW:

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

A , would limit how long such plans can last (up to three months); would limit how many times they can be renewed (once, for only one month); and would require clearer notice to purchasers about what the plans do and do not cover.

The was issued April 3, 2024.


Affordable Care Act

WHEN: Jan. 24, 2017

HOW:

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

WHEN: Jan. 19, 2021

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Regulation remains in effect. An HHS review was ordered as part of Biden’s Jan. 28, 2021, . The policy was reversed as part of the final 2022 , which took effect on Nov. 26, 2021.

WHEN: Aug. 31, 2017

HOW:

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 and for outreach during a special 2021 open enrollment period.  on April 21, 2021, that it would provide $80 million for navigators for the 2022 plan year.

WHEN: Oct. 12, 2017

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Policy remains unchanged.

WHEN: April 18, 2017

HOW: Included in a larger HHS

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

WHEN: April 17, 2018

HOW: Included in a larger Centers for Medicare & Medicaid

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

WHEN: Oct. 24, 2018

HOW: CMS

STATUS/BIDEN ADMINISTRATION ACTION: The guidance was written into the day before Trump’s term ended, Jan. 19, 2021. A 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, . The policy was reversed as part of the final 2022 , which took effect on Nov. 26, 2021.

WHEN: April 25, 2019

HOW:

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

WHEN: Nov. 1, 2020

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Remains in effect. Georgia’s plan is to move out of healthcare.gov for insurance policies purchased for 2023. A in U.S. District Court in Washington on Jan. 14, 2021. An HHS review was ordered as part of Biden’s Jan. 28, 2021, . The Centers for Medicare & Medicaid Services formally withdrew approval of the plan on April 29, 2022.

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HHS Operations

WHEN: May 21, 2019

HOW:

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, at the request of the Biden administration. The Biden administration on Jan. 5, 2023, to rescind parts of the Trump administration rule, narrowing the circumstances under which health providers can refuse to provide certain medical care. A was issued and took effect Jan. 9, 2024. 

WHEN: Oct. 9, 2019

HOW:

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

WHEN: Jan. 14, 2021

HOW:

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, . The Department of Health and Human Services published to reinstate the pre-Trump era policy in the Federal Register on Oct. 20, 2021.

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. After delaying the implementation several times, the Biden administration on May 26, 2022.

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Immigration

WHEN: Aug. 14, 2019

HOW:

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 the provision. Biden ordered a review of the regulation in an on Feb. 2, 2021. The Department of Health and Human Services advised states in an “” on July 22, 2021, that receipt of Medicaid, other than for long-term care, would not be considered in determining whether an immigrant is a “public charge.”

WHEN: Oct. 4, 2019

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

STATUS/BIDEN ADMINISTRATION ACTION: The policy was challenged in court but 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 on Feb. 2, 2021. On May 13, 2021, Biden formally the proclamation.

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Insurance

WHEN: June 21, 2018

HOW:

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

WHEN: June 20, 2019

HOW:

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 from its calendar on March 11, 2021, but the case could still be heard later. In his Jan. 28, 2021, , Biden mandated that HHS “consider whether to suspend, revise, or rescind” the guidance, which has since been removed from the CMS website. As of June 29, 2021, HHS had notified , , and that it is withdrawing their work requirement waivers.

WHEN: Nov. 13, 2020

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: The regulation remains unchanged.

WHEN: Jan. 30, 2020

HOW:

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

WHEN: Jan. 8, 2021

HOW:

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, .

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Prescription Drugs

WHEN: Nov. 27, 2020

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Lawsuits were filed and several U.S. district courts — including those for the and the — blocked the rule. Following the courts’ actions, on Dec. 28, 2020, that the rule would not be implemented without further rule-making. The Biden administration on Aug. 10, 2021, published that would formally rescind the policy. On Dec. 29, 2021, the Centers for Medicare & Medicaid Services rescinding the policy, effective Feb. 28, 2022.

WHEN: May 10, 2019

HOW:

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

WHEN: July 24, 2020

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Order remains unchanged.

WHEN: Oct. 1, 2020

HOW: and

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

WHEN: Nov. 30, 2020

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: The U.S. District Court in Washington most of the provisions a year, so they won’t take effect until Jan. 1, 2023. HHS, under the Biden administration, issued a 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:

STATUS/BIDEN ADMINISTRATION ACTION: The Biden administration implementation of the regulation until at least March 22, 2021. On March 23, the Biden administration the effective date to July 20, 2021. On June 16, 2021, HHS published a proposed rule in the that would rescind the Trump rule. The final version of the was published on Oct. 1, 2021.

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Price Transparency

WHEN: Nov. 27, 2019

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: The American Hospital Association sued to overturn the regulation, but a judge in U.S. District Court in Washington on June 23, 2020. The regulation took effect Jan. 1, 2021. On July 19, 2021, the Biden administration that would substantially raise penalties for hospitals that fail to comply with the rules.

WHEN: June 24, 2019

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Order remains unchanged.

WHEN: Nov. 12, 2020

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Health plans and insurers must 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.

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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 .

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

WHEN: July 6, 2020

HOW:

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

WHEN: Dec. 2, 2020

HOW:

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

WHEN: July 26, 2019

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: An  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: March 4, 2019

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Multiple lawsuits were filed, but the full upheld the regulation on Feb. 24, 2020. Biden’s Jan. 28, 2021, instructed HHS to act to “suspend, revise, or rescind” the regulation.

On April 14, HHS proposed that would return the program to the policies in effect pre-Trump. The were published in the Federal Register on April 15. Biden ordered a review of the policy in an on Feb. 2, 2021. On May 17, the Supreme Court , 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. The regulations were on October 7, 2021.

WHEN: Jan. 23, 2017

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Jan. 28, 2021.

WHEN: April 3, 2017

HOW:

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

WHEN: May 9, 2017

HOW:

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

WHEN: Oct. 13, 2017

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Litigated alongside final regulation (below). on July 8, 2020.

WHEN: Oct. 13, 2017

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: Litigated alongside final regulation (below). on July 8, 2020.

WHEN: Jan. 19, 2018

HOW: CMS

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:

STATUS/BIDEN ADMINISTRATION ACTION: Upheld by the on July 8, 2020. would eliminate the ability of employers to exercise “moral” (as opposed to religious) objections to offer contraceptive coverage.

WHEN: Nov 15, 2018

HOW:

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

WHEN: Dec. 27, 2019

HOW:

STATUS/BIDEN ADMINISTRATION ACTION: A federal district judge in Maryland on July 10, 2020. The decision has been appealed. The policy was reversed as part of the final 2022 , which took effect on Nov. 26, 2021.

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KHN reporter Victoria Knight contributed to this report.