By: Wayne Turner
Executive Summary
HHS posted an undated Request for Information (RFI) on its website asking for input on which guidance documents should undergo notice and comment. In this response, NHeLP object to HHSposting the RFI while a formal rulemaking on the same issue is pending. See NHeLP Comments on HHS Proposed Rule on Guidance (Sept. 14, 2020), https://www.healthlaw.org/resource/nhelp-comments-on-hhs-proposed-rule-on-guidance/. NHeLP also faults HHS for failing to publish the RFI in the Federal Register, and urges the agency to withdraw the RFI.
