The Trump Administration Turns to Drug Pricing: Key Actions and Timelines Under the New EO

Akin Gump Strauss Hauer & Feld LLP

On April 15, 2025, President Donald Trump signed an Executive Order (EO) titled, “Lowering Drug Prices by Once Again Putting Americans First,” building on drug pricing related actions from his first term, President Biden era actions and legislative proposals in Congress, all aimed at reducing the cost of prescription drugs for American patients. Issuance of the EO was not unexpected given President Trump's focus on drug pricing issues during his first four years in office. The EO, lays out a dozen new directives, ranging from development of regulations to reports, with specific deadlines for the Department of Health and Human Services (HHS), including the Centers for Medicare & Medicaid Services (CMS) and Food and Drug Administration (FDA), as well as the Department of Labor and Federal Trade Commission (FTC) over the next year. These directives set the stage for a sustained focus on drug pricing by the new administration. Stakeholders will be closely watching for additional details as the Trump administration implements the EO and advances its policy work on drug pricing fronts given the far-reaching implications across the health care and life sciences ecosystems.

Key areas of focus in the EO include:

  • Improving transparency—and minimizing negative impacts of negotiated prices on innovation—under the Medicare Drug Price Negotiation Program (MDPNP) established by the Inflation Reduction Act (IRA) (P.L 117-169).
  • Streamlining the FDA processes for generics and biosimilar products and improving the process through which prescription drugs can be reclassified as over-the-counter medications to expand competition and choice for patients.
  • Working with Congress to modify the differential treatment of small molecule drugs, known as the “pill penalty,” under the IRA’s drug pricing provisions.
  • Addressing the role of so-called middlemen and pharmacy benefit managers (PBMs) as well as resiliency in the prescription drug supply chain.
  • Proposing and considering changes to federal health programs to reduce cost-sharing for, and enhance access to, insulin and EpiPens.
  • Evaluating paying hospitals for Part B drugs on a site-neutral basis by which they would receive reimbursement at the same rate as physician offices when administering these drugs to Medicare beneficiaries.

The table below outlines the timeline for each of the EO’s deliverables, providing insight as to when to anticipate further details on the areas of focus under the EO. Stakeholders will be closely watching for each of these follow-on actions and further details as the Trump administration continues to advance its drug pricing priorities and navigates implementing a post-IRA drug pricing landscape in its second term.

EO Implementation Dates

Policy/Action

Deadline

HHS Secretary to propose and seek comment on guidance for the MDPNP for 2028, and putting into effect the maximum fair price in 2026, 2027 and 2028.

June 14, 2025

(Within 60 days)

HHS Secretary to ensure that future grants require community health centers to provide insulin and EpiPens at or below 340B discounted prices to low-income individuals with high cost-sharing, high unmet deductibles or no insurance.

July 14, 2025

(Within 90 days)

Recommendations due to the President on promoting a more competitive, efficient, transparent and resilient pharmaceutical value chain that delivers lower drug prices for Americans, targeting the role of middlemen.

July 14, 2025

(Within 90 days)

FDA to take steps to streamline and improve the Drug Importation Program to make it easier for States to obtain approval without sacrificing safety or quality.

July 14, 2025

(Within 90 days)

Recommendations due to the President on stabilizing and reducing Medicare Part D premiums.

Oct. 12, 2025

(Within 180 days)

HHS Secretary to publish a plan—and propose any appropriate regulatory adjustments thereafter—to conduct a survey to determine the hospital acquisition cost for covered outpatient drugs in Medicare.

Oct. 12, 2025

(Within 180 days)

Recommendations due to the President on ensuring accurately paid Medicaid drug rebates, promoting innovation in Medicaid drug payment methodologies, linking payments to drug value and supporting states in managing drug spending.

Oct. 12, 2025

(Within 180 days)

HHS Secretary to evaluate and, if appropriate, propose regulations to implement Medicare site-neutral payment policies for Part B drugs in hospitals.

Oct. 12, 2025

(Within 180 days)

Labor Secretary to propose Employee Retirement Income Security Act (ERISA) regulations to improve employer health plan visibility into the direct and indirect compensation received by PBMs.

Oct. 12, 2025

(Within 180 days)

FDA report due with administrative and legislative recommendations to accelerate approval of generics, biosimilars, combination products and second-in-class brand name medications, and to improve the reclassification of prescription drugs to over-the-counter (OTC) status.

Oct. 12, 2025

(Within 180 days)

HHS Secretary to conduct public listening sessions with the departments of Commerce, Justice and the FTC, and issue a report with recommendations to reduce anti-competitive behavior by pharmaceutical manufacturers.

Oct. 12, 2025

(Within 180 days)

HHS Secretary to develop and implement a rulemaking plan including selection for testing a payment model for improving Medicare’s value for high-cost drugs and biological products, including those not subject to the MDPNP.

April 15, 2026
(One year)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Akin Gump Strauss Hauer & Feld LLP

Written by:

Akin Gump Strauss Hauer & Feld LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Akin Gump Strauss Hauer & Feld LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide