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Capitol Correspondence - 11.09.21

Biden Administration Proposes Rule to Repeal Trump Administration HHS Sunset Rule

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The Health and Human Services Department issued a proposed rule to roll back a regulation finalized under the Trump administration to eliminate U.S. Department of Health and Human Services rules after 10 years. That final rule was called the “Securing Updated and Necessary Statutory Evaluations Timely” (SUNSET) rule and would have ended HHS regulations after 10 years unless the department took action to review each policy and justify leaving it in place.

The Trump administration had finalized the SUNSET regulation in the last days before President Trump left office. The Biden administration delayed enforcement of the rule, meaning that the policy has never actually had the force of law. The proposed rule will ensure that the SUNSET regulation never takes effect.