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.
In December of 2020, the Trump Administration approved the “good guidance” rule which opened the door for HHS to repeal important guidance without notice or explanation. Additionally, the rule created a time consuming and burdensome process to reinstate or implement new guidance. The Biden-Harris Administration has proposed repealing this rule. In these comments, NHeLP explains why we support the repeal of the “good guidance” rule.