CED Newsletters & Policy Alerts

Action: Executive Order “Initial Recession of Harmful Executive Orders and Actions” 

What it does: The Executive Order rescinding many Orders of the Biden Administration rescinded Executive Order 14009 of January 28, 2021 (Strengthening Medicaid and the Affordable Care Act) and rescinded Executive Order 14070 of April 5, 2022 (Continuing To Strengthen Americans’ Access to Affordable, Quality Health Coverage). The 2021 Order expanded ACA eligibility and open enrollment periods. The 2022 Order directed agencies to improve the quality of health coverage. 

Key insights: 

• Use of the ACA grew significantly under the Biden Administration. For 2025, 23.6 million Americans purchased health coverage through the ACA Marketplace during the Open Enrollment Period, including 3.2 million new consumers. Approximately 11.6 million more enrollees selected ACA coverage during this year’s Open Enrollment Period compared to 2021.  

• Under the ACA, states are able to expand Medicaid coverage to adults with incomes up to 138% of the Federal Poverty Level. 

• The Biden Administration’s 2021 Order sought to expand coverage through protections for those with preexisting conditions and extend enrollment periods. In addition to restating the goals of Executive Order 14009, the 2022 Order directed agencies to improve linkages between the health care system and other stakeholders to address health-related needs and reduce the burden of medical debt. 

• Depending on how agencies implement it, the new Order may affect ACA eligibility criteria, Federal subsidies, and enrollment deadlines. While repealing the ACA would require Congressional action, the new Order may make it harder in some cases to access coverage, possibly signaling forthcoming changes to both the ACA and the Medicaid program.