Policy on Redundant, Overlapping, or Inconsistent Regulations, 75893 [2020-26023]
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Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Subtitle A
Office of the Secretary
Policy on Redundant, Overlapping, or
Inconsistent Regulations
45 CFR Subtitle A
Immediate Office of the
Secretary, Department of Health and
Human Services (HHS).
AGENCY:
ACTION:
Policy statement.
The Immediate Office of the
Secretary (IOS) is issuing this policy
regarding redundant, overlapping, or
inconsistent regulations.
SUMMARY:
DATES:
November 27, 2020.
The
Department believes that its decisionmaking ought to be transparent, rational,
and well-honed to achieve legitimate
government objectives with minimum
transaction costs to the affected sector.
This policy furthers those objectives and
the objectives of the Richardson Waiver
(see 36 FR 2532 (Feb. 5, 1971)), and
various Executive Orders by requiring
that all regulations issued by this
Department are necessary,
understandable, and provide clear
guidance to the public and regulated
entities regarding the standards to be
met and procedures to be followed.
Redundant, overlapping, or inconsistent
regulations undermine these goals by
injecting uncertainty, creating
potentially conflicting regulatory
regimes, and increasing transactions
costs with no discernible benefit to the
public.
Effective immediately, all agencies
and offices of the Department that
prepare regulations must ensure that
any rule is not inconsistent with, and
does not overlap with, any regulation
that has already been issued through an
agency within the Department. In the
event an agency proposing that the
Secretary issue a rule discovers that
such rule is inconsistent or overlaps
with another Department rule, the
proposing agency shall not recommend
issuance until it also recommends to the
Secretary the steps to be taken to avoid
duplicative or overlapping regulations.
Collection of information
requirements: This document does not
impose information collection
requirements.
jbell on DSKJLSW7X2PROD with RULES
SUPPLEMENTARY INFORMATION:
Brian Harrison,
Chief of Staff, Department of Health and
Human Services.
[FR Doc. 2020–26023 Filed 11–24–20; 8:45 am]
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VerDate Sep<11>2014
16:10 Nov 25, 2020
Jkt 253001
Public Access to Materials Underlying
Impact Analyses; Statement of Policy
The Department believes that its
decision-making ought to be as
transparent as appropriate to better
enable the citizenry to comment on its
proposed rules and demonstration
projects. This document furthers that
objective and the objectives of the
Richardson Waiver (see 36 FR 2532
(Feb. 5, 1971)) by requiring that all
assumptions, working papers, models,
and other information used as part of
any impact analysis (e.g., economic,
actuarial) associated with a rule
(including ratemakings) or
demonstration project (hereinafter,
‘‘analyses’’) are posted on the
Department’s website at the time the
results of the analysis are publicly
disclosed, subject to the limitations set
forth below. This document also applies
to rules issued or demonstration
projects approved by this Department
jointly with one or more other
Departments, but only after consultation
with such other Departments and only
with respect to the analyses performed
by this Department.
The Department’s regulations and
demonstration projects involving federal
healthcare programs, the Affordable
Care Act, the Food, Drug, and Cosmetic
Act, or the Public Health Service Act are
amongst the most economically
significant actions undertaken by any
Federal agency. The Office of the
Assistant Secretary for Planning and
Evaluation, the Office of Economics and
Analysis within the Office of Policy,
Legislation, and International Affairs at
the Food and Drug Administration, the
Office of the Actuary at the Centers for
Medicare & Medicaid Services, and
other applicable agencies and offices all
undertake impact analyses that assess or
seek to predict the wide range of
economic and other impacts and
burdens associated with each rule or
demonstration project.
The Office of Management and Budget
(‘‘OMB’’) Circular A–4 requires agencies
to make their impact analyses
reproducible by third-party evaluators.
Disclosing the information underlying
such analyses, to the extent permitted
by law and consistent with robust
privacy protections, will promote an
informed public comment process that
in turn advances both the quality and
accountability of the Department’s
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75893
important programs. Implementing this
policy will allow the public to review
and evaluate the methodologies and
assumptions that underlie the impact
analysis. This transparency should
enable a more accurate calculation of
anticipated effects because the public
will be better positioned to analyze and
provide formal comment upon the
models and data to identify and correct
faulty assumptions or other errors.
Effective for any rulemaking or
demonstration project proposed after
November 30, 2020, all agencies and
offices of the Department which issue
analyses, whether economic, actuarial
or otherwise, as part of a proposed or
final rulemaking or demonstration
project must post for public viewing on
the Department’s website all data and
assumptions underlying any such
analysis, including all working papers,
all calculations, all references, and all
other information necessary to allow a
third-party to replicate the agency’s
analytic work. For purposes of this
Notice, a rulemaking or demonstration
project is deemed to have started with
the publication in the Federal Register
of a notice of proposed rulemaking or
proposed demonstration projection,
advanced notice of proposed
rulemaking or final rule (whether
interim or otherwise) or demonstration
project, whichever occurs first.
The disclosure must occur no later
than 3 days after the date when the
results of such analyses are publicly
released and are to be posted in-full on
the Department’s website
notwithstanding Exemption 5 of the
Freedom of Information Act (5 U.S.C.
552(b)(5)), except as noted below. This
Notice does not contemplate the release
of information that would otherwise be
exempt from disclosure under the
Freedom of Information Act, other than
Exemption 5 as noted in the preceding
sentence, or the Privacy Act of 1974.
The disclosure requirements in this
Notice do not apply to analyses
undertaken for settlement or litigation
purposes or to communications with the
Executive Office of the President, OMB,
or other departments or agencies that
are not part of a published analysis for
a rulemaking or demonstration project,
or to information that is deemed to fall
within the attorney-client privilege, or
to privileges that inure to officials
outside this Department. Whether an
exception contained in this paragraph
applies shall be determined by the
Office of the General Counsel in
consultation with the relevant division
within the Department.
Nothing in this policy shall be
construed to impair or otherwise affect
the functions of the Director of OMB
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]]>Agencies
[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Page 75893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26023]
[[Page 75893]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Subtitle A
Policy on Redundant, Overlapping, or Inconsistent Regulations
AGENCY: Immediate Office of the Secretary, Department of Health and
Human Services (HHS).
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: The Immediate Office of the Secretary (IOS) is issuing this
policy regarding redundant, overlapping, or inconsistent regulations.
DATES: November 27, 2020.
SUPPLEMENTARY INFORMATION: The Department believes that its decision-
making ought to be transparent, rational, and well-honed to achieve
legitimate government objectives with minimum transaction costs to the
affected sector. This policy furthers those objectives and the
objectives of the Richardson Waiver (see 36 FR 2532 (Feb. 5, 1971)),
and various Executive Orders by requiring that all regulations issued
by this Department are necessary, understandable, and provide clear
guidance to the public and regulated entities regarding the standards
to be met and procedures to be followed. Redundant, overlapping, or
inconsistent regulations undermine these goals by injecting
uncertainty, creating potentially conflicting regulatory regimes, and
increasing transactions costs with no discernible benefit to the
public.
Effective immediately, all agencies and offices of the Department
that prepare regulations must ensure that any rule is not inconsistent
with, and does not overlap with, any regulation that has already been
issued through an agency within the Department. In the event an agency
proposing that the Secretary issue a rule discovers that such rule is
inconsistent or overlaps with another Department rule, the proposing
agency shall not recommend issuance until it also recommends to the
Secretary the steps to be taken to avoid duplicative or overlapping
regulations.
Collection of information requirements: This document does not
impose information collection requirements.
Brian Harrison,
Chief of Staff, Department of Health and Human Services.
[FR Doc. 2020-26023 Filed 11-24-20; 8:45 am]
BILLING CODE 4150-03-P
