HHS Withdraws Trump-Era SUNSET Rule

The Department of Health and Human Services has withdrawn a Trump-era rule that mandated the sunset of any rule more than 10 years old unless it was reviewed within five years, Healthcare Finance reports.

Under the Biden Administration, HHS delayed implementation of the Securing Updated and Necessary Statutory Evaluations Timely, or SUNSET rule that was originally scheduled to take effect on March 22. Due to a lawsuit filed on March 9, 2021, which sought to overturn the SUNSET final rule, HHS extended the rule’s effective date until September 22.

After conducting a review of the SUNSET final rule, including the oral and written comments on its proposal, and the allegations in a lawsuit brought against it, HHS published a notice of proposed rulemaking to withdraw or repeal the SUNSET final rule.

Yesterday, HHS announced it was withdrawing the SUNSET final rule as of July 26.

After HHS released the rule in January 2021, provider and other groups came forward to protest its implementation.

In comments submitted to HHS, the American Hospital Association voiced concerns that the rule did not provide an adequate mechanism for obtaining public input on the substance of the regulations being reviewed. There could be serious consequences of inadvertently removing rules, with negative impacts on beneficiaries, consumers and the public in general, the AHA said. Read more.

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