Nondiscrimination

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December 3, 2020
NHeLP Comments on HHS Regulations Rule (aka SUNSET Rule)
Wayne Turner and Dania Douglas Comments
In the Regulations Rule, HHS seeks to retroactively impose a mandatory expiration date on an estimated 18,000 duly promulgated regulations. Even long-standing rules would be automatically rescinded unless they survive a complex process of assessment and review. Programs like Medicaid and the Children's Health Insurance Program (CHIP) could be…
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October 27, 2020
The Congressional Review Act: Frequently Asked Questions
Dania Douglas Issue Brief
The CRA requires executive branch agencies to report their rulemaking activities to Congress and creates a process for Congress to overturn these federal rules. Until 2017, the CRA had been used only once to strike down a federal regulation. Following the 2016 elections, however, a Republican controlled Congress, under…
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September 14, 2020
NHeLP comments on HHS Proposed Rule on Guidance
Wayne Turner and Dania Douglas Comments
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…
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July 20, 2020
NHeLP comments on Medicaid Prescrption Drug Rebate Program and Value- based Purchasing Proposed Rulemaking
Wayne Turner, Liz McCaman Taylor, Madeline Morcelle, and Cathren Cohen Comments
In a proposed rule, CMS seeks to expand value-based purchasing arrangements for prescription drugs in commercial plans and the Medicaid program. However, the proposed changes offer a cost-containment strategy with no safeguards to ensure that Medicaid enrollees can continue to access needed outpatient prescription drugs. NHeLP comments warn against“cost…
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June 19, 2020
HHS Eliminates or Weakens Regulatory Protections Against Discrimination in Health Care
Wayne Turner, Mara Youdelman, and Madeline Morcelle Issue Brief, Fact Sheet
As part of its ongoing attacks on health care and civil rights, the Trump administration recently finalized drastic changes to regulations implementing Section 1557, the Affordable Care Act’s nondiscrimination provision. Section 1557 provides important protections against discrimination on the basis of race, color, national origin (including language access), sex,…
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February 18, 2020
Comments on HHS Proposed Rule on Religiously-Affiliated Providers
Wayne Turner Comments
HHS is attempting to roll back important protections for individuals seeking services from religiously-affiliated providers in a rulemaking it calls “Ensuring Equal Treatment of Faith-Based Providers.” The proposed rule would encourage religiously-affiliated providers to refuse to employ non-adherents and require that all employees and applicants for employment conform to…
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NHeLP Comments on HHS Regulations Rule (aka SUNSET Rule)

The Congressional Review Act: Frequently Asked Questions

NHeLP comments on HHS Proposed Rule on Guidance

NHeLP comments on Medicaid Prescrption Drug Rebate Program and Value- based Purchasing Proposed Rulemaking

HHS Eliminates or Weakens Regulatory Protections Against Discrimination in Health Care

Comments on HHS Proposed Rule on Religiously-Affiliated Providers