NHeLP comments on HHS Proposed Rule on Guidance

Executive Summary

Guidance documents are a valuable tool that allows agencies to clarify policy issues and explain ambiguities raised by the laws and rules they are tasked with implementing. Programs like Medicaid and the implementation of the Affordable Care Act depend heavily on guidance documents to clarify coverage requirements and the obligations of state programs serving low income communities.

However, a HHS proposed “good guidance ” rule would open the door to the administration repealing important guidance without notice or explanation, and would create a time-consuming and burdensome process to reinstate or implement new guidance. In these comments, NHeLP explains why the proposed “good guidance” rule would be, in fact, harmful, and urge HHS to withdraw the proposed rule.