President Donald Trump, like other presidents, has the power to issue executive orders—and he’s been using it. These orders can direct federal agencies to act in specific ways, streamline processes, or implement policies without the need for legislative approval.
While executive orders can have immediate effects within the scope of federal agencies, they are limited in their overall reach and long-term impact unless they are supported by new legislation. This is particularly relevant when it comes to substantive policy changes, as executive orders cannot alter existing laws or create new ones.
We can see the capabilities and the limitations of executive orders in two of President Trump’s recent executive orders impacting healthcare and potentially employee benefits.
IVF Access
The first example is the February 18, 2025, executive order, “Expanding Access to In Vitro Fertilization.” The order addresses the financial barriers and legal uncertainties surrounding fertility treatments, which have become a growing concern for many families in the U.S.
One focus of the executive order is lowering costs for IVF treatments which can be expensive, often costing tens of thousands of dollars for a single cycle. The order directs federal agencies to develop policies aimed at reducing out-of-pocket expenses for patients seeking IVF.
Another focus of the order is expanding access to IVF. The administration plans to increase insurance coverage for IVF by exploring ways to broaden healthcare benefits that include fertility services. There are indications that this could include mandating private insurers and group health plans to offer fertility treatment benefits.
However, both the cost of and the access to IVF are not easily handled by executive order. Since this directive is not tied to a specific law requiring enforcement or rule-making authority, it’s likely that new legislation will be needed to achieve the president’s goals.
Transparent Healthcare Pricing
The second example is the February 25, 2025, executive order, “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information.” The order requires the agencies, within 90 days of the order, to:
- Require the disclosure of the actual prices of healthcare services and items instead of estimates.
- Issue updated guidance or proposed regulatory action ensuring pricing information is standardized and easily comparable across hospitals and health plans.
- Issue guidance or proposed regulatory action updating enforcement policies designed to ensure compliance with the transparent reporting of complete, accurate, and meaningful data.
This order is a follow-up to the 2019 executive order signed by President Trump during his first term, which required providers and health plans to post information regarding the costs of health services and items. Both orders are intended to be cemented in the transparency requirements found in the Patient Protection and Affordable Care Act (ACA). Because this executive order has a basis in an existing law, it’s more likely to be effectively implemented than the IVF order which would likely require new legislation.
Prepare for the Unpredictable
In today’s ever-changing legislative and regulatory climate, it’s always possible that the current administration finds a way to mandate IVF coverage without congressional action. It’s also possible that the price transparency rules could be challenged and overturned as an administrative overreach, particularly under the evolving legal landscape influenced by the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo.
What remains clear is that whenever a new executive order is issued, it is essential to assess whether it is supported by existing law or if it attempts to function as new legislation. In the latter case, meaningful change is unlikely unless Congress passes legislation to codify the executive order’s intent.
Navigating compliance requirements continues to challenge organizations and take away time from what matters—running your business. The compliance experts at Holmes Murphy ensure our clients understand how new legislation or court decisions may impact their work so you can focus on supporting your employees and striving for success.
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