On October 21, 2025, the acting administrator of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget issued Memorandum M-25-36, which contains guidance for federal agencies on “how to bolster, streamline, and speed” the deregulatory agenda prioritized by the Trump administration in 2025 (“the Memorandum” or “M-25-36”).
The Memorandum furthers two Executive Orders (EOs) issued earlier in the year. EO 14192, entitled “Unleashing Prosperity Through Deregulation,” requires that for every new regulation issued, ten must be repealed. EO 14219 seeks to ensure “Lawful Governance” to implement the president’s Department of Government Efficiency Deregulatory Initiative. M-25-36 also furthers a Presidential Memorandum of April 9, 2025, entitled “Directing the Repeal of Unlawful Regulations.”
The Memorandum, which establishes timelines and guidelines for OIRA review, focuses on: 1) speeding up the OIRA review process; 2) repealing facially unlawful regulations; and 3) developing better deregulatory records. We discuss each of these sections in turn before providing some thoughts in the health care context.
Recent Updates
- When AI Becomes Part of Medicine: Why CMS’s AI Questions Matter Now
- Watch: Gender-Affirming Care: What Health Care Providers Need to Know About Federal Enforcement – Thought Leaders in Health Law
- Executive Order 14321 at One Year: Civil Commitment Policy Shifts and Provider Impact
- Watch: FDA’s 2026 Enforcement Priorities: What In-House Counsel Must Know – Thought Leaders in Health Law
- The Future of 340B: New Bills Offer Competing Solutions to Modernize the 340B Drug Discount Program