Situation Report | March 29, 2021
The U.S. Department of Health and Human Services (HHS) has issued a notice that delays the effective date of the ‘‘Securing Updated and Necessary Statutory Evaluations Timely’’ (SUNSET) rule from March 19, 2021 until March 22, 2022.
Under the rule, all HHS-issued regulations, subject to certain exceptions, are to expire at the end of: five calendar years after the year that the SUNSET final rule first becomes effective; ten calendar years after the year of the regulation’s promulgation; or ten calendar years after the last year in which the Department ‘‘assessed’’ and, if required, ‘‘reviewed’’ the regulation, whichever is latest.
The final rule also provides for ‘‘continuation’’ of a regulation that is subject to expiration if the HHS Secretary makes a written determination that the public interest requires continuation.