HHS proposes to repeal Trump’s ‘good governance’ rules

On Tuesday, the Biden administration announced plans to reverse Trump-era rules that make it harder for regulators to punish individuals and organizations for failing to comply with Department of Health and Human Services guidelines.

Rules passed in the final months of Trump’s rule prohibit HHS from punishing individuals and organizations for failing to comply with agency guidelines and require the agency to carry out civil enforcement action only using publicly declared standards.

On Tuesday, HHS proposed to withdraw the rules, arguing that it creates “unnecessary obstacles” to the issuance of guidelines and enforcement, and is incompatible with the goals of the Biden administration.

The rule will discourage the administration from responding to “pressing issues facing the nation,” including the pandemic and health inequalities, the agency wrote in a proposed rule published Tuesday in Federal register

Trump’s rules “will disproportionately affect marginalized and vulnerable communities, historically underserved, as they make it harder for agencies to act to protect public health or remove unscrupulous players from the market, which in turn hurts those who need HHS services the most. “- the agency wrote.

HHS argued that Medicaid and the Children’s Health Insurance Program, in particular, rely on management to run efficiently.

“Thus, a rule that prevents the publication of the guideline can in turn harm programs and the populations it serves, who rely on the guideline documents to clarify program coverage requirements and have fewer resources to determine, for example, how and why the guideline could be canceled, “the agency wrote on Tuesday.

The rules were issued by the Trump administration as part of an effort to reduce the number of regulations in the health care system.

The previous administration argued that guidance documents that do not require public notice and comment should not be binding.

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