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Capitol Correspondence - 12.08.20

ANCOR Joins Coalition Comments Opposing Proposed Regulatory Sunset Rule

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ANCOR joined a coalition of disability organizations opposing a new proposed rule by the Department of Health and Human Services (HHS) that would sunset regulations if HHS does not review them every 10 years. The group comment letter states opposition to the proposed rule because “the proposed process is overly broad, the requirements on agency staff would be onerous and prevent important, timely regulatory work, and the blanket expiration of regulations could significantly erode the regulatory framework established over decades to protect patients, especially those that our organizations represent.”

Background on the rule: As explained by the firm Holland & Knight: “On Nov. 4, 2020, the U.S. Department of Health and Human Services (HHS) published a notice of proposed rulemaking and proposed regulatory changes that would, effectively, cause many federal healthcare regulations to disappear unless HHS reviews them at least once every 10 years.

The proposed rule is rooted in the Regulatory Flexibility Act, which was passed by Congress in 1980 to avoid unnecessary regulatory burdens on small businesses. This proposal would require HHS to assess which of its regulations are subject to the Regulatory Flexibility Act. A rule is subject to the Regulatory Flexibility Act if it is determined to have a significant impact on a substantial number of small entities. Under the proposed rule, those regulations subject to the Act will expire either 10 years after the regulation has become effective, or 10 years after the year HHS last “reviewed” the regulation, whichever is later.”

ANCOR will keep our members informed of future developments on this topic as they occur.