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HHS/OS

RIN: 0991-AC24

Publication ID: Fall 2020

Title: ●Securing Updated and Necessary Statutory Evaluations Timely
Abstract: 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.
Agency: Department of Health and Human Services(HHS)	Priority: Economically Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
EO 13771 Designation: Deregulatory
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined

Legal Deadline: None

Statement of Need:

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.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

Risks:

Timetable:

Action	Date	FR Cite
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

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Jonah R Hecht Associate General Counsel Department of Health and Human Services Office of the Secretary 200 Independence Avenue SW, 746G.4, Washington, DC 20021 Phone:202 692-4773 Email: jonah.hecht@hhs.gov