HHS Withdraws Two Trump Administration Rules Limiting the Agency’s Use of Guidance Documents in Civil Enforcement Actions

On Friday, July 22, 2022, HHS issued a final rule (Final Rule), rescinding two regulations issued at the end of the Trump Administration on December 7, 2020, and January 14, 2021, that would have significantly altered the agency’s practices around issuing and using guidance in enforcement actions. Specifically, these rules would have, among other mandates, required HHS to maintain a repository of guidance documents, required Secretary-level approval of agency guidance and prevented HHS from...
By: King & Spalding

King & Spalding