What Does President Biden’s Regulatory Freeze Mean for Medicare Advantage and Part D?
This Bulletin is brought to you by AHLA’s Payers, Plans, and Managed Care Practice Group.
- February 03, 2021
- Sandra Durkin , Strategic Health Law
On January 20, 2021, the first day of the new administration, President Biden issued a “regulatory freeze” on rules and guidance initiated by the preceding administration, including those that impact Medicare Advantage (MA) organizations. The scope of the regulatory freeze is outlined in a memorandum from White House Chief of Staff Ronald A. Klain to the heads of executive departments and agencies. Specifically, President Biden instructed agencies to: (1) refrain from proposing or issuing any new rules until they have been reviewed and approved by the President’s newly appointed or designated department and agency heads; and (2) withdraw all rules submitted but not yet published in the Federal Register to undergo the same review and approval. Additionally, for rules that have been published but have not yet taken effect, the memo recommends that (3) agencies consider postponing the rules’ effective dates for 60 days to allow for further review and, where appropriate, a 30-day comment period. If an agency identifies substantial questions of fact, law, or policy in any rule, the agency may delay implementation beyond the 60-day period to resolve those issues.
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