Skip to the record
The Executive Record

Not legal advice

The registerExecutive Order 13997
E.O.13997

Improving and Expanding Access to Care and Treatments for COVID-19

Signed January 21, 2021·Joseph R. Biden Jr.·86 FR 7201

Source

Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.

Plain-language summary

Auto-generated summaryWritten by claude-sonnet-5 from the order’s own text · prompt v4 ·

Directs several federal agencies to expand efforts against COVID-19. The Secretary of Health and Human Services (HHS), with the National Institutes of Health, must develop plans to support clinical trials for COVID-19 treatments, study the disease's long-term effects, and ensure underrepresented populations are included in research. The Secretaries of Defense, HHS, and Veterans Affairs, coordinated by the COVID-19 Response Coordinator, are directed to provide surge assistance to nursing homes and other care facilities, review Federal facilities' capacity, and issue recommendations for expanding the healthcare workforce. The same agencies must set targets for producing and distributing COVID-19 treatments and prioritize scalable therapeutics. HHS is further directed to identify barriers to treatment access, support state, local, tribal, and territorial authorities in overcoming them, evaluate the COVID-19 Uninsured Program, and review Medicare, Medicaid, and private insurance coverage to promote access to COVID-19 treatment and care. The order states it does not alter existing agency legal authority and creates no enforceable rights.

Not written or reviewed by a person. Read the full order below for anything you intend to rely on.

Report a problem with this summary
What is wrong with it?
Goes to the site’s maintainers. Not published.

Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.

Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.

Claimed authority

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered

Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.

Disposition

Revoked by: EO 14148, January 20, 2025

Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.

The order, in full

Executive Order 13997 of January 21, 2021

Improving and Expanding Access to Care and
Treatments for COVID-19

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of my
Administration to improve the capacity of the Nation's
healthcare systems to address coronavirus disease 2019
(COVID-19), to accelerate the development of novel
therapies to treat COVID-19, and to improve all
Americans' access to quality and affordable healthcare.

Sec. 2. Accelerating the Development of Novel
Therapies. To enhance the Nation's ability to quickly
develop the most promising COVID-19 interventions, the
Secretary of Health and Human Services (HHS), in
consultation with the Director of the National
Institutes of Health, shall:

    (a) develop a plan for supporting a range of
studies, including large-scale randomized trials, for
identifying optimal clinical management strategies, and
for supporting the most promising treatments for COVID-
19 and future high-consequence public health threats,
that can be easily manufactured, distributed, and
administered, both domestically and internationally;
    (b) develop a plan, in consultation with non-
governmental partners, as appropriate, to support
research:

(i) in rural hospitals and other rural locations; and

(ii) that studies the emerging evidence concerning the long-term impact of
COVID-19 on patient health; and

    (c) consider steps to ensure that clinical trials
include populations that have been historically
underrepresented in such trials.

Sec. 3. Improving the Capacity of the Nation's
Healthcare Systems to Address COVID-19. To bolster the
capacity of the Nation's healthcare systems to support
healthcare workers and patients:

    (a) The Secretary of Defense, the Secretary of HHS,
the Secretary of Veterans Affairs, and the heads of
other relevant executive departments and agencies
(agencies), in coordination with the Coordinator of the
COVID-19 Response and Counselor to the President
(COVID-19 Response Coordinator), shall promptly, as
appropriate and consistent with applicable law, provide
targeted surge assistance to critical care and long-
term care facilities, including nursing homes and
skilled nursing facilities, assisted living facilities,
intermediate care facilities for individuals with
disabilities, and residential treatment centers, in
their efforts to combat the spread of COVID-19.
    (b) The COVID-19 Response Coordinator, in
coordination with the Secretary of Defense, the
Secretary of HHS, the Secretary of Veterans Affairs,
and the heads of other relevant agencies, shall review
the needs of Federal facilities providing care to
COVID-19 patients and develop recommendations for
further actions such facilities can take to support
active military personnel, veterans, and Tribal nations
during this crisis.
    (c) The Secretary of HHS shall promptly:

(i) issue recommendations on how States and healthcare providers can
increase the capacity of their healthcare workforces to address the COVID-
19 pandemic; and

(ii) through the Administrator of the Health Resources and Services
Administration and the Administrator of the Substance Abuse and Mental
Health Services Administration, take appropriate actions, as consistent
with applicable law, to expand access to programs and services designed to
meet the long-term health needs of patients recovering from COVID-19,
including through technical assistance and support to community health
centers.

Sec. 4. Improving Access to Quality and Affordable
Healthcare. (a) To facilitate the equitable and
effective distribution of therapeutics and bolster
clinical care capacity where needed to support patient
care, the Secretary of Defense, the Secretary of HHS,
and the Secretary of Veterans Affairs, in coordination
with the COVID-19 Response Coordinator, shall establish
targets for the production, allocation, and
distribution of COVID-19 treatments. To meet those
targets, the Secretary of Defense, the Secretary of
HHS, and the Secretary of Veterans Affairs shall
consider prioritizing, including through grants for
research and development, investments in therapeutics
that can be readily administered and scaled.

    (b) To facilitate the utilization of existing
COVID-19 treatments, the Secretary of HHS shall
identify barriers to maximizing the effective and
equitable use of existing COVID-19 treatments and
shall, as appropriate and consistent with applicable
law, provide support to State, local, Tribal, and
territorial authorities aimed at overcoming those
barriers.
    (c) To address the affordability of treatments and
clinical care, the Secretary of HHS shall, promptly and
as appropriate and consistent with applicable law:

(i) evaluate the COVID-19 Uninsured Program, operated by the Health
Resources and Services Administration within HHS, and take any available
steps to promote access to treatments and clinical care for those without
adequate coverage, to support safety-net providers in delivering such
treatments and clinical care, and to make the Program easy to use and
accessible for patients and providers, with information about the Program
widely disseminated; and

(ii) evaluate Medicare, Medicaid, group health plans, and health insurance
issuers, and take any available steps to promote insurance coverage for
safe and effective COVID-19 treatments and clinical care.

Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 21, 2021.

Reproduced from the Federal Register plain-text record, signed January 21, 2021. Typesetting artifacts are removed; no wording is changed.