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Comments on HHS’s Sunset Rule

The Department of Health and Human Services (HHS) has proposed to retrospectively and prospectively establish an "expiration date" for each of its regulations. Under the proposed rule, regulations would be automatically rescinded unless HHS first completes a restrospective review of the regulation's effects on small entities pursuant to the Regulatory Flexibility Act. We submitted comments criticizing the proposal, which is neither lawful nor rational. Our comments explain how HHS disregards potential costs, provides insufficient evidence that the rule would improve retrospective review, and fails to consider alternatives. HHS also failed to offer a meaningful opportunity to comment on the proposed rule.