HHS finalizes rule on retrospective review of regulations

Under a final rule released today, the Department of Health and Human Services must 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.

If the agency fails to assess a regulation in a timely manner, it would automatically expire. AHA last month urged the agency to withdraw the proposed rule, expressing substantial concern that it “does not provide an adequate mechanism for obtaining public input on the substance of regulations being reviewed.”