Executive Order 13939: Lowering Prices for Patients by Eliminating Kickbacks to Middlemen
President: Donald J. Trump
Directed HHS to complete rulemaking on Medicare Part D drug rebates and make the cost confirmation specified in the order.
Status: In effect. Is Executive Order 13939 still in effect? Yes. Executive Order 13939 remains in effect. See Federal Register record.
What does Executive Order 13939 do?
HHS finalized an anti-kickback safe harbor rule in November 2020, expressly citing EO 13939 and the Secretary’s cost confirmation.
Evidence review, September 23, 2026: HHS OIG reports that implementation of the prescription-drug rebate safe-harbor rule was delayed and later subject to congressional moratoria.
Before and after
Before the order
The order addressed rebate arrangements involving manufacturers, pharmacy benefit managers and Part D plans.
After the order
HHS finalized an anti-kickback safe harbor rule in November 2020, expressly citing EO 13939 and the Secretary’s cost confirmation.
Publication of the rule does not establish that drug prices fell; statutory delays and later regulatory changes must be consulted for current effective dates.
Who had to do what
| Agency / official | What the signed order directed | Deadline / timing |
|---|---|---|
| HHS Secretary | Complete rulemaking to remove specified non-point-of-sale manufacturer remuneration from Medicare Part D anti-kickback safe harbors and create safe harbors for patient point-of-sale discounts and bona fide PBM fees. First publicly confirm no projected increase in federal spending, beneficiary premiums, or total patient out-of-pocket costs. | Public confirmation before rulemaking action; no fixed completion deadline |
Source: Signed Federal Register text.
Later developments
Later action: HHS finalized an anti-kickback safe harbor rule in November 2020, expressly citing EO 13939 and the Secretary’s cost confirmation. (November 30, 2020)
What happened next
EO 13939 signed.
HHS finalized an anti-kickback safe harbor rule in November 2020, expressly citing EO 13939 and the Secretary’s cost confirmation.
Legal and source detail
How it works legally
Publication of the rule does not establish that drug prices fell; statutory delays and later regulatory changes must be consulted for current effective dates.
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.
How we checked this
Last checked against the sources above on September 26, 2026. How we research →