Press Releases
12/04/2020
Attorney General Tong Joins Coalition Opposing Dangerous HHS Deregulation by the Trump Administration
(Hartford, CT) — Attorney General William Tong joined a coalition of attorneys general today in submitting comments opposing the U.S. Department of Health & Human Services’ (HHS) misguided proposal to automatically “sunset” any HHS regulation that the agency does not review within a short time frame. The rule is an unprecedented and dangerous attempt by the Trump Administration to impede the incoming Biden Administration while the country grapples with the ongoing COVID-19 pandemic.The rule impacts all 18,000 of HHS’s regulations, putting in jeopardy the Department’s programs and services nationwide. Under the rule, if not reviewed in the short time frame, these regulations could end, threatening critical programs like Medicaid, food safety, and medical and pharmaceutical research. The unlawful rule gives the agency just two years to review the regulations, unnecessarily hamstringing the incoming Administration.
“This rule is a blatant and underhanded attempt by the Trump Administration to hamstring both HHS and the incoming Biden administration’s ability to respond to the COVID-19 pandemic,” Attorney General Tong said. “As we continue to battle COVID-19, this proposed rule would make enacting new pandemic regulations virtually impossible and it would also threaten critical programs like Medicaid that millions of Americans rely on for health insurance. We will not let this stand.”
In today’s letter, the coalition of attorneys general argue this deregulation attempt by the Trump Administration will mire HHS in red tape during a global pandemic when the country needs the agency’s resources most, making it nearly impossible for the new Administration to enact new pandemic-related regulations. In addition, the drastic scope of the rule will put trillions of dollars in federal funding that states rely on at risk.
The coalition argues the proposed rule:
• Is unprecedented and dramatic in scope and poses a threat to the States’ healthcare systems and as a result, the health and safety of the states’ residents;
• Is legally questionable since it claims to implement the Regulatory Flexibility Act (RFA), which Congress enacted to minimize the impact regulations have on small entities with limited resources. Instead, the rule would add expiration dates to all 18,000 HHS regulations. Further, HHS lacks the legal authority for such action;
• Will drain agency resources and create significant uncertainty for state programs that would have to deal with the consequences if the federal regulations they rely on suddenly expired; and
• Is deeply problematic given it was proposed just a month before a new president takes office and while the country continues to weather the pandemic, and gives the public only 30 days to comment, even though it impacts 18,000 regulations.
In submitting today’s comment letter, Attorney General Tong joined the attorneys general of California, Colorado, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.
A copy of the comment letter is available here.
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