News: HHS proposes regular review of regulations

Ever wonder who (or how) CMS regulations get reviewed? The Department of Health and Human Services (HHS) recently announced a proposed rule to require regular review of regulations, ensuring they’re up to date and delivering promised benefits. The HHS issued the notice to also set expiration dates for its regulations, “subject to certain exceptions, unless the department periodically assesses the regulations to determine if they are subject to the RFA [Regulatory Flexibility Act], and if they are, performs a review that satisfies the criteria in the RFA.”

Under the proposal, HHS will review each regulation that does not fall into an exception every 10 years. Regulations that are currently more than 10 years old will be reviewed within two years of the RFA’s proposed rule’s enactment. If they are not reviewed in this timeframe, they will expire.

Regulations also issued with other agencies, ones that cannot legally be rescinded, and those initially issued in respect to military or foreign affairs function, represent exceptions to the RFA.

Either electronic or written comments for the proposed rule must be submitted by December 2, 2020.

Editor’s note: The proposed rule can be found here.