Executive Order 13535: Ensuring Enforcement and Implementation of Abortion Restrictions in the Patient Protection and Affordable Care Act
President: Barack Obama
Directed federal implementation of the Affordable Care Act to follow statutory restrictions on using federal funds for abortion services.
Status: In effect. Is Executive Order 13535 still in effect? Yes. Executive Order 13535 remains an unrevoked direction to implement the Affordable Care Act’s abortion-funding restrictions. The current Federal Register disposition table lists no revocation, and the signed order has no termination date. Its application remains limited by the Act and applicable appropriations restrictions; the order cannot override statutory law. Sources: Current Federal Register executive order disposition table: 2010; Executive Order 13535: signed Federal Register text.
What does Executive Order 13535 do?
EO 13535 instructed HHS and other agencies to implement the Affordable Care Act consistently with the Act’s abortion provisions and long-standing appropriations restrictions such as the Hyde Amendment. It did not amend the statute. Its practical scope depends on current ACA programs, appropriations language and later regulations.
Before and after
Before the order
ACA passage involved disputes over how existing federal abortion-funding limits would apply to new programs.
After the order
Agencies received presidential direction to segregate funds and follow statutory restrictions in implementation.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| HHS | Issue and enforce lawful implementation rules | Continuing where applicable |
| Other agencies | Apply appropriations restrictions | Continuing |
| Insurance programs | Follow statutory segregation and notice provisions | Program-specific |
What happened next
The Affordable Care Act became law.
EO 13535 directed implementation.
Legal and source detail
How it works legally
Statutory text and annual appropriations control over conflicting executive direction. Litigation and later regulations address particular program applications.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- CMS — ACA regulations and guidance (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 15, 2026. How we research →