Capitol Correspondence - 06.20.23

Biden Administration Releases Spring 2023 Unified Agenda on Regulatory and Deregulatory Action

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The Biden Administration has recently unveiled its Spring 2023 Unified Agenda on Regulatory and Deregulatory Action, outlining its plan for rulemaking and regulatory changes in the coming months.

What is the Presidential Unified Agenda?

The Presidential Unified Agenda is a document that outlines the regulatory and deregulatory actions that federal agencies plan to undertake. It provides a roadmap for the administration’s regulatory priorities and enables stakeholders to anticipate forthcoming changes and their potential impact. The Unified Agenda is an essential tool for transparency and accountability in the regulatory process, allowing the public and interested parties to understand the government’s regulatory plans.

Key Highlights from the Spring 2023 Unified Agenda:

  1. Culturally Competent and Person-Centered Requirements to Increase Access to Care and Improve Quality for All (Projected release: June 2023): This initiative aims to enhance access to care and improve the quality of services by implementing culturally competent and person-centered requirements across health care providers.
  2. Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers II (Projected release: December 2023): The agenda emphasizes strengthening emergency preparedness requirements for Medicare and Medicaid participating providers and suppliers, ensuring their ability to respond effectively during crises.
  3. Minimum Staffing Standards for Long-Term Care Facilities (Projected release: June 2023): The administration plans to establish minimum staffing standards for long-term care facilities, addressing concerns about workforce shortages and ensuring quality care for vulnerable populations.
  4. Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities (Projected release: June 2023): This rulemaking aims to combat discrimination based on disability within health and human services programs, ensuring equal access and fair treatment for all individuals.
  5. Defining and Delimiting the Exemptions for Executive, Administrative, Professional Outside Sales and Computer Employees (Overtime Rule) (Projected release: August 2023): The administration seeks to clarify and update exemptions for certain employees regarding overtime pay.
  6. Occupational Exposure to COVID-19 in Health Care Settings (Final rule stage – projected release: June 2023): With a focus on protecting health care workers, this initiative addresses occupational exposure to COVID-19 in health care settings.
  7. Employee or Independent Contractor Classification Under the Fair Labor Standards Act (Final rule stage – projected release: August 2023): The administration is working on providing clearer guidelines for distinguishing between employees and independent contractors under the Fair Labor Standards Act, ensuring proper employment classification and appropriate protections.