HHS proposes to withdraw rule on retrospective review of regulations

The Department of Health and Human Services today proposed to withdraw a rule finalized in January that requires the agency to periodically assess each regulation to determine whether it has a significant economic impact on a substantial number of small entities, and if so review the regulation to determine whether to retain, modify or eliminate it. Under this final rule, which was set to take effect in March 2022, a regulation expires if the agency fails to assess and review it in a timely manner, with certain exceptions such as rules issued jointly with other agencies. Comments on the proposal to withdraw the finalized rule will be accepted for 60 days. 
 
AHA last year urged HHS to withdraw the rule, saying it “does not provide an adequate mechanism for obtaining public input on the substance of regulations being reviewed.”