Last week, HHS withdrew the SUNSET rule, which, in general, would have caused HHS regulations to expire unless reviewed or assessed every 10 years. As previously reported (see here and here), the Biden administration twice postponed the effective date for the SUNSET rule before ultimately withdrawing the rule in its entirety.

The rule was scheduled to become effective September 22, 2022. HHS estimated that, if implemented, the SUNSET rule would have cost $69.9 million and would have significantly altered HHS’s operations. In withdrawing the SUNSET rule, HHS stated that most commentors had opposed the rule and several stakeholders had filed suit challenging it.

HHS’s withdrawal of the SUNSET rule is available here.