Health and social policy

Executive Order 13765: Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal

President: Donald J. Trump

Directed agencies to use lawful discretion to reduce Affordable Care Act burdens while the administration sought repeal; revoked in 2021.

Status: Revoked — by EO 14009 on January 28, 2021.

Is Executive Order 13765 still in effect? No. EO 14009 revoked it in 2021.

What does Executive Order 13765 do?

EO 13765 told Health and Human Services and other agencies to use discretion available under the Affordable Care Act to waive, defer, exempt or delay requirements that imposed specified costs, while respecting existing law. It also directed agencies to give states more flexibility and comply with notice-and-comment rules when changing regulations. The order did not repeal the ACA. EO 14009 expressly revoked it in 2021. EO 14148 revoked EO 14009 in 2025 but did not expressly reinstate EO 13765.

Administration position: The order described ACA burdens as an administration policy position; the legal effect of any relief depended on statute, agency process and later review.
SignedJanuary 20, 2017
Lead agencyHealth and Human Services
Express revocationEO 14009, January 28, 2021

Before and after

Before the order

The ACA and its implementing rules were in force.

After the order

Agencies considered relief within statutory authority; EO 14009 later revoked this presidential direction.

Who had to do what

Agency / officeActionTiming / position
HHS and other agenciesConsider lawful waivers, deferrals, exemptions or delaysSubject to the ACA
Agency headsConsider greater state flexibilitySubject to law
AgenciesUse notice-and-comment for regulatory revision where requiredAdministrative Procedure Act

What happened next

EO 13765 signed.

EO 14009 expressly revoked it.

EO 14148 revoked EO 14009 without expressly restoring EO 13765.