0991-AC24 202010 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0991 Office of the Secretary OS 0900 Department of Health and Human Services HHS Securing Updated and Necessary Statutory Evaluations Timely

This proposed rule would create procedures for the periodic review of the Department’s regulations. The Regulatory Flexibility Act (RFA) requires agencies to publish plans to conduct periodic reviews of their regulations.  Multiple executive orders also require agencies to submit plans for periodic reviews of regulations.

 

]]> Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes Private Sector Deregulatory Not Yet Determined Not Yet Determined Yes

The Regulatory Flexibility Act (RFA) requires agencies to publish plans to conduct periodic reviews of certain of their regulations.  Multiple Executive Orders also require agencies to submit plans for periodic reviews of certain regulations.  Such reviews are sound policy, which is why regulatory experts have long called for increased retrospective review by agencies of their regulations.  Despite these many calls for retrospective review, HHS has had limited success in implementing retrospective review in practice.  To further comply with the RFA and Executive Orders, and to ensure the Department’s regulations have appropriate impacts, HHS issued a notice of proposed rulemaking to 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, and if they are, performs a review that satisfies the criteria in the RFA.  The proposed rule proposes a mechanism to more firmly institutionalize retrospective reviews and provide HHS with increased incentive to perform the reviews.

]]> ]]> ]]> ]]> ]]> NPRM 11/04/2020 85 FR 70096 NPRM Comment Period End--Except 42 CFR 400 to 429 and 42 CFR 475 to 499 12/04/2020 NPRM Comment Period End 42 CFR 400 to 429 and 42 CFR 475 to 499 01/04/2021 No None No No No Jonah Hecht R Associate General Counsel 0991 Office of the Secretary OS 202 692-4773 jonah.hecht@hhs.gov 200 Independence Avenue SW, 746G.4, Washington DC 20021