The Obama Administration released a Unified Agenda and Regulatory Plan overnight December 22, 2012, after being missing in action for months and finally skipping the Spring 2012 version altogether, not releasing any instructions for the development of the Fall 2012 Unified Agenda, and with no announcement of the 2012 Fall Unified Agenda whatever. OMB’s lack… Continue Reading
Tag Archives: ACA
Rules and Ripeness: Commitment to Changing Rules During Litigation
Posted in Judicial Process, Judicial Review & RemediesThe United States Court of Appeals for the District of Columbia, in a short order, has held the United States to its word that it will change the Patient Protection and Affordable Care Act rules requiring employers to provide contraceptive services at no cost. The order in Wheaton College v. Sebelius comes after oral argument… Continue Reading
Monday Morning Regulatory Review – 12/3/12
Posted in Regulatory ProcessRule submission to and completions by the Office of Management and Budget (OMB) began to pick up speed last week. Most significant, OMB quickly completed review of a legally significant Environmental Protection Agency (EPA) logging road final rule – a subject of oral argument this morning at the Supreme Court and about which Congress has… Continue Reading
Monday Morning Regulatory Review – 11/19/12
Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory ProcessActivity at the Office of Management and Budget (OMB) has begun to pick up after the election – the Patient Protection and Affordable Care Act (ACA) regulations lead the way. On the other hand, another court ordered an exemption from the mandatory contraceptive coverage regulation ahead of Department of Health and Human Services (HHS) submitting… Continue Reading
Monday Morning Regulatory Review – 11/5/12
Posted in Judicial Review & Remedies, Regulatory ProcessThe election is tomorrow and regulatory activity seems to be in the calm before the storm. Congress further pressured the Administration on the lack of a Unified Agenda, but the Office of Management and Budget (OMB) did complete review on some very time-sensitive regulations, while the Environmental Protection Agency (EPA) announced at least some compliance… Continue Reading
ACA Contraceptive Rule Not Ripe for Review – Yet, Maybe Never?
Posted in Judicial Process, Judicial Review & RemediesThe United States District Court for the District of Columbia has dismissed one of a number of challenges to the Department of Health and Human Services (HHS)’s Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act interim final rule. The court concluded that… Continue Reading
Clear Statutes & Unforeseen Circumstances: The Danger of Overreach
Posted in Constitutional Issues in Regulations, Judicial Review & Remedies, LegislationThe United States District Court for the District of Columbia has invalidated the Federal Election Commission (FEC) electioneering contributor disclosure limitations, or campaign donor advertising, regulations. The court found that statutory rulemaking delegation did not authorize the FEC to promulgate rules to respond to changes occasioned by Supreme Court decisions that parts of the statute… Continue Reading