DHHS Moving to Reduce and Eliminate Regulations
Key Points:
- Acting on regulations considered over-reaching, outdated, or unnecessary
- Monitor DHHS website for updates to changes
The Department of Health and Human Services (DHHS) is actively responding to various executive orders aimed at regulatory reduction, leading to actions such as reviewing existing regulations and proposing new ones designed to streamline processes. This includes actions to reduce or eliminate over-reaching regulations affecting Medicare, Medicaid, the FDA, and other agencies, with the objective of increasing efficiency, reducing administrative burdens, and improving services. As part of this initiative, DHHS is also working to identify and address unlawful regulations in accordance with recent Supreme Court decisions that recognized constitutional limits on the power of regulatory agencies in interpreting vague or ambiguous legislation (see Loper Bright Enterprises v. Raimondo). In that case, the Supreme Court overturned the long-standing principle known as the Chevron Doctrine where a key issue was whether regulatory agencies were over-reaching in their interpretation of laws and regulations. This decision means that moving forward, courts will independently interpret statutes, rather than relying on agency interpretations. This shift may reduce the need for legal challenges against regulations deemed excessive or unlawful. Therefore, providers-along with their compliance officers and legal counsel-should remain current on regulatory changes and proposals by closely monitoring announcements, Federal Register notices, and updates on the DHHS website.
For more information on this topic, contact Richard Kusserow ([email protected]). You can also keep up-to-date with Strategic Management Services by following us on LinkedIn.
