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On March 22, 2021, the U.S. Department of Health and Human Services announced it was delaying the Securing Updated and Necessary Statutory Evaluations Timely (SUNSET) rule until March 22, 2022. A one-year delay is unusual. The rule’s stated purpose was to reduce healthcare regulatory burden and was finalized by the Trump administration one day before the inauguration of President Biden.
Under the rule, HHS would be required to retroactively review more than 17,000 of its own regulatory rules periodically or have such rules automatically expire or sunset at a certain time following their effective date. Retroactive review allows agencies to examine existing regulations and then evaluate and draft updates based on new considerations. This unusual one-year delay by the Biden administration allows a recently filed lawsuit concerning the rule. Many in and out of government believe the suit has merit and the delay allows the suit to proceed before such review must begin.