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Article | Insider

Summary of executive orders on employee benefits and employer policy

By Ann Marie Breheny and Benjamin Lupin | March 13, 2025

Lawsuits to block some of the many executive orders signed by President Donald Trump have been filed, with more litigation expected.
Benefits Administration and Outsourcing Solutions|Inclusion-and-Diversity|Health and Benefits
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President Donald Trump has issued dozens of executive orders (EOs) and other directives since taking office in January. Some of President Trump’s EOs address topics that could have future implications for employer-sponsored benefits or workplace policy, depending on implementing guidance, enforcement or other factors.

EOs are instruments through which the president can set priorities, shape policy and direct action by administrative agencies. They direct the operation of the federal government and therefore do not establish clear or immediate implications for most employers or their benefit or workforce programs.

Since EOs provide instructions to administration officials or regulatory agencies, their effects depend on future guidance or other implementing actions. A few EOs may affect employer-sponsored plans, but the majority issued at the time of this writing will have no implications for employer-provided benefits, compensation or workplace programs.

Executive orders on health topics

Following are EOs to note (as of February 19, 2025):

  • Affordable Care Act (ACA): EO 14148 rescinds EOs issued by President Biden, including the one on the ACA and Medicaid that prompted regulations limiting short-term limited duration insurance coverage. Additional action is needed to rescind or amend the regulations.
  • Transgender medical care: EO 14187 aims to restrict gender-affirming medical care for individuals under 19. Implications for employer-provided health benefits will depend on additional guidance and implementing actions. A federal funding freeze under the EO prompted some providers to pause such treatment. A separate EO directs government agencies to use two biological sexes when enforcing and interpreting federal law. Lawsuits challenging the EOs have been filed.
  • Make America Healthy Again task force: EO 14212 establishes a Make America Healthy Again task force. It also states that federal agencies shall ensure “flexibility for health insurance coverage to provide benefits that support beneficial lifestyle changes.” Implications will depend on agency actions that may result from the EO.
  • In vitro fertilization (IVF): Under EO 14216, a list of policy options to protect IVF access and “aggressively” reduce out-of-pocket and health plan costs will be presented to the president. Implications for employer-sponsored plans will depend on legislation and regulations that result from the EO.
  • Diversity, equity, inclusion and accessibility (DEI/DEIA): EO 14173 orders federal agencies to provide recommendations for “enforcing Federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI” and identify potential targets for “civil compliance investigations.” Implications of the EO will depend on recommendations and other actions from the agencies. Lawsuits against the EO have been filed.
  • Healthcare price transparency: EO 14221 directs the Departments of the Treasury, Labor, and Health and Human Services to take action to require disclosure of actual prices (not estimates), ensure pricing information is standardized and easily comparable across hospitals and health plans, and update enforcement policies. Implications and timing will depend on agency guidance and enforcement updates. 

Going forward

Lawsuits seeking to block some EOs have been filed, and more litigation is expected. Employers should monitor government agencies’ responses (including future regulatory guidance) to the orders as well as any additional EOs that are released.

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