Posted on 10/28/2021 2:54:02 PM PDT by buckalfa
HHS proposed repealing its "sunset" rule that would require the department to eliminate existing regulations after 10 years unless the department reviewed them and could justify keeping the regulation in place, according to an Oct. 28 Federal Register notice.
The Securing Updated and Necessary Statutory Evaluations Timely, or "sunset" rule, was finalized by HHS a day before President Joe Biden's inauguration. The policy was slated to take effect March 22, but HHS postponed the final rule March 19 by one year, pending judicial review.
The American Hospital Association and other health groups sued HHS in March over the rule. In the lawsuit, the health groups alleged that thousands of HHS regulations could disappear because of it.
"The SUNSET final rule, if implemented, would significantly alter the operations of HHS with considerable repercussions for a diverse array of stakeholders," HHS said in the Federal Register filing. "The rule is expansive in scope and impact, faced considerable opposition from stakeholders (and very little support), and lacked a public health or welfare rationale for expediting rulemaking."
They want to be able to write laws without Congress passing them.
Nowhere in the Constitution does it give the Congress the right to delegate the lawmaking power to the Executive.
“Never correct your mistakes” is rule #1.
Most independent standard creators such as the ASTM, ISTA, ISO, etc. review their documents every six or seven years, correcting them as is necessary or eliminating them if they are unnecessary. There’s nothing wrong with the HHS doing the same.
I agree. Sunsetting a reg that can’t be justified after 10 years in force is ridiculous! We need to change that.
Should actually be every two years.
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