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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Tag Archives: ACA

Monday Morning Regulatory Review – 12/2/13: Obamacare, Tax Exempt Organizations, Social Cost of Carbon, and Litigation Management

Posted in Judicial Review & Remedies, Regulatory Process

The Administration made major and often unheralded moves last week on several different issues that deserve highlighting.  The success or failure of the Obamacare website may have dominated the general and political news media, but lurking behind that behemoth political risk the Administration moved with haste to finalize and publish massive new Obamacare / Medicare… Continue Reading

Monday Morning Regulatory Review – 11/18/13

Posted in Agency Authority, Regulatory Process

After a deluge in last week’s multi-part Monday Morning Regulatory Review, this week is composed of odds and ends mostly bound together by the issue of funds transfers.  The Congressional Budget Office (CBO) released a menu of cost cutting and revenue enhancing measures that included the ever-devilish idea of increasing (and collecting) more fees from… Continue Reading

Monday Morning Regulatory Review – 9/2/13

Posted in Agency Authority, Judicial Review & Remedies, Regulatory Process

The week before Labor Day – the final week of summer vacation – the Government might be expected to slow down, but the contrary was true.  The Consumer Financial Protection Bureau (CFPB) published an obscure “ratification” of its Director’s previous acts, further raising questions of the efficacy of those acts.  The Internal Revenue Service, on… Continue Reading

Monday Morning Regulatory Review – 8/12/13

Posted in Executive - OMB Review, Judicial Review & Remedies, Regulatory Process

The Office of Management and Budget (OMB) completed review (ubiquitously consistent with change) on several sensitive significant rules last week, including the Environmental Protection Agency (EPA)’s proposed greenhouse gas reporting amendments and final renewable fuels volumes for 2013, as well as a proposal to fix an Patient Protection and Affordable Care Act problem for Members… Continue Reading

OMB Releases Fall 2012 Unified Agenda & Regulatory Plan: Meaning what?

Posted in Regulatory Flexibility & Small Business, Regulatory Process

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

Rules and Ripeness: Commitment to Changing Rules During Litigation

Posted in Judicial Process, Judicial Review & Remedies

The 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 Process

Rule 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 Process

Activity 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 Process

The 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 & Remedies

The 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, Legislation

The 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