Nov 25 -- Executive Order 13924 directs federal agencies to address the economic emergency created by the COVID-19 pandemic by rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery, consistent with applicable law and with protection of the public health and safety, with national and homeland security, and with budgetary priorities and operational feasibility.
To respond to the COVID-19 pandemic and its impact on the healthcare industry, HHS made changes to numerous regulations, agency guidance materials, or compliance obligations, or announced enforcement discretion (see Attachment A for a list of 382 of these actions) on either a temporary or permanent basis. Looking to the future, HHS intends that some of these regulatory changes will remain temporary and some will be made permanent, or permanent with modification. It may not be possible to make some of these changes permanent absent statutory changes, but HHS is still interested in comments to help us gauge the need for such changes. HHS will also consider phasing out or discontinuing regulatory changes that commenters show through evidence have negative impacts that outweigh the benefit of the regulatory change on a temporary basis or would have negative impacts that outweigh the benefits if continued beyond the PHE.
Through this RFI, HHS seeks to gather feedback and relevant evidence from our stakeholders—healthcare providers and advocacy groups; industry trade groups; Medicare and Medicaid beneficiaries and caregivers; primary care and specialty providers; health insurance issuers offering health insurance coverage in the individual and group markets, group health plans sponsored by non-federal governmental entities, and supplemental insurers;  state, local, and territorial governments; research and policy experts; industry and professional associations; patients and patient advocacy groups; long-term care facilities, hospice providers, pharmacists, and pharmacy associations; nonprofit human services providers; and other interested members of the public. The information gathered in response to the RFI will be used to better inform HHS' decisions regarding which regulatory flexibilities used in the COVID-19 response should be kept temporary or made permanent. Comments are due by December 28, 2020.
Please explain and provide the rationale for your recommendation, including evidence for or against the short-term or long-term suitability of these regulatory changes. Please describe all suggested modifications for those changes that should be maintained with modification. Of the regulatory changes that have been made or been issued by the Department of Health and Human Services in response to the COVID-19 PHE, please identify which changes should be discontinued only following a transition period, and what type of transition period is recommended.
FR notice: https://www.federalregister.gov/documents/2020/11/25/2020-25812/regulatory-relief-to-support-economic-recovery-request-for-information-rfi