2018 Calendar of Key Anticipated Health Care Rules


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2018 Calendar of Key Anticipated Health Care Rules

April 5, 2018

This regulatory calendar provides an overview of select Department of Health and Human Services (HHS) rules – and one Department of Homeland Security (DHS) rule – that the Administration anticipates releasing over the course of 2018. The calendar is based on the Fall “Unified Agenda of Regulatory and Deregulatory Actions” (or, the “Unified Agenda”), 1 and advancements in rule-making since the Unified Agenda’s release. The Unified Agenda provides a useful overview of rules that agencies anticipate issuing over the next year – including a very high-level summary of the topic of the rule – but it is neither allencompassing nor an exact calendar of how rule making will unfold. Inevitably, promulgation of certain rules will follow a timeline that departs from the Unified Agenda, and rules that were not indicated in the Unified Agenda will be released. Outside of the rule-making process, agencies will advance certain priorities via guidance that is neither subject to the rule-making process nor indicated in the Unified Agenda (and therefore not reflected in this calendar). Rules that raise significant policy issues or that exceed a certain economic threshold must be reviewed by the Office of Management and Budget (OMB) prior to their publication. OMB’s website reflects rules that are under review (but not the content of the rules) and can be a tool to estimate timing of public release, although review times vary significantly.

Manatt will update this calendar to reflect adjustments to timelines that agencies make in the Spring Unified Agenda, which is typically released in late May.