Health and Human Services Secretary Alex Azar this week directed the department’s operating divisions and offices to review and revise their procedures related to civil enforcement actions and adjudications “to ensure that they promote fairness and transparency.”

The memo is effectively a companion to a regulation finalized earlier this week that “generally prohibit[s] HHS from treating noncompliance with a standard or practice announced solely in a guidance document as itself a violation of law.”

Many of the principles outlined in the document are the cornerstone of procedural due process in American courts. The memo and rule apply to proceedings before an administrative law judge or department appeals board where an agency of the department seeks to impose penalties, collect overpayments, or debar a contractor, grantee or licensee.

 

The memo does not apply to any action taken by the Office of Inspector General or OIG audits (including audit findings and audit recommendations).

Related News Articles

News
The Food and Drug Administration today revoked the emergency use authorization that allowed for the investigational monoclonal antibody therapy bamlanivimab,…
Headline
The Department of Health and Human Services through March 26 has reduced by more than 69% its backlog of Medicare appeals at the Administrative Law Judge level…
Headline
The Department of Health and Human Services yesterday postponed for one year, pending judicial review, a final rule that would require the agency to…
Headline
A California state judge yesterday granted preliminary approval to a settlement agreement in antitrust litigation alleging Sutter Health used anticompetitive…
Headline
The Food and Drug Administration yesterday announced an import alert on all alcohol-based hand sanitizers from Mexico, noting that 84% of those it…
Headline
UnitedHealthcare has suspended through the end of this month certain prior authorization requirements for in-network hospitals and skilled nursing facilities…