Medicare Compliance & Reimbursement

Industry Notes:

HHS Pushes SUNSET Rule Implementation to Fall 2022

The Department of Health and Human Services (HHS) has opted to push back the SUNSET regulation for a second time, with a start date now in September.

Update: On March 3, HHS issued a final rule in the Federal Register delaying the implementation of the Securing Updated and Necessary Statutory Evaluations Timely (SUNSET) rule by six months. Originally, the SUNSET rule was published on Jan. 19, 2021, the final day of the Trump administration, and the Biden administration first delayed it on March 19, 2021.

On Oct. 29, 2021, “HHS published a notice of proposed rulemaking to withdraw or repeal the SUNSET final rule,” and allowed public commentary until Dec. 28, 2021, the March 3 final rule indicates.

Additionally, several lawsuits from industry organizations have been filed, demanding that HHS revoke the controversial rule. Another reason for the implementation delay is to wait for judicial review of the complaints, HHS says.

The SUNSET rule “establish[es] a new process for regulatory review of HHS regulations, which includes the automatic expiration of regulations under certain circumstances,” the rule reminds.

Review the final rule in the Federal Register at www.govinfo.gov/content/pkg/FR-2022-03-04/pdf/2022-04524.pdf.

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