Understanding the "Make America Healthy Again" Executive Order and Its Implications for Group Health Plans
On February 25, 2025, President Trump signed “Making America Healthy Again with Clear, Accurate, and Actionable Healthcare Pricing Information,” an Executive Order with the stated purpose of making group health plans and health insurance issuers accountable for compliance with price transparency rules implemented during the first Trump administration.
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Make America Healthy Again: New Executive Order Revisits Group Health Plan Price Transparency
Jackson Lewis | Mar 2025
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Sponsors and Plan Administrators of insured group health care arrangements should confirm that the Plan’s insurance carrier(s) and their providers are in compliance with TiC requirements. A Plan administrator of any self-insured group health care plan should make sure its third-party administration (“TPA”) agreement includes a certification that the TPA and all providers with which it contracts will comply with the Rule and 2025 E.O. Since there are penalties for non-compliance [4], the TPA agreement should include an indemnification by the TPA to the Plan, Plan Sponsor and Plan Administrator for any penalties and/or costs incurred due to any failure by the TPA or any of its providers to comply with these transparency rules. This highlights the need to adhere to a prudent fiduciary process under ERISA in the both the selection of vendors and terms of vendor arrangements.
Trump on Transparency: Making America Healthy Again Through Executive Order 14221; How Plan Sponsors Can Respond
Saul Ewing | Mar 2025
In advance of federal enforcement and standardized pricing guidance, hospitals and health plans should review price transparency policies and processes, and begin taking the following steps towards compliance:
- Regular Updates: Regularly update the pricing information to reflect any changes in costs, negotiated rates, or service offerings.
- Training and Education: Train staff on the requirements of the Executive Orders and how to implement the necessary changes. This should include an understanding of how to use, maintain, and provide consumer-facing disclosures of pricing information.
- Ongoing Compliance: Establish systems for ensuring compliance and reporting any issues. This can help identify and address any gaps in the implementation of the Executive Orders.
Healthcare Costs Demystified: Trump's New Executive Order on Healthcare Price Transparency Explained
Verrill | Mar 2025
President Trump’s February 25, 2025, executive order directs his cabinet, within 90 days of the date of his order, to take all necessary and appropriate action to: (a) require the disclosure of the actual (rather than estimated) prices of items and services; (b) issue updated guidance or proposed regulatory action ensuring pricing information is standardized and easily comparable across hospitals and health plans; and (c) issue guidance or proposed regulatory action updating enforcement policies designed to ensure compliance with the transparent reporting of complete, accurate, and meaningful data.
Latest executive order signals increased healthcare price transparency enforcement
Nixon Peabody | Feb 2025
While the extent of the impact of the EO is difficult to surmise at this stage, particularly given the previous lack of enforcement of the health care price transparency requirements by federal agencies, the EO signals that health care price transparency is a priority for the Trump Administration. As a result, we can anticipate that it will direct agencies to take a more aggressive approach to enforcing price transparency requirements for both hospital systems and health plans with renewed vigor. In the short term, this EO may lead to new regulatory guidelines for health care providers and health plans, help to standardize pricing, and make costs more predictable for consumers.
Trump Prioritizes Health Care Pricing Transparency in New Executive Order
Wiley | Feb 2025
Previous Executive Order from the Trump Administration
Executive Order 13877—Improving Price and Quality Transparency in American Healthcare To Put Patients First (June 2019)
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