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Agency Rulemaking Highlights
COVID-Related Actions
COVID and Expiring Enforcement Discretions
HHS issued a notification that enforcement discretions of certain violations of the HIPAA privacy rule will expire with the COVID-19 public health emergency on May 11. HHS is also affording health care providers a 90-calendar day transition period to come into compliance with the HIPAA rules with respect to their provision of telehealth, which ends August 9.
Notable Actions
Addressing PFAS in the Environment
The Environmental Protection Agency (EPA) is seeking public input and data to assist in the potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS or “forever chemicals”) under the law known as the “Superfund” act. EPA is considering future hazardous substance designations for a number of PFAS. Comments due June 12.
New Clean Vehicle Credit
The Internal Revenue Service (IRS) is proposing regulations regarding the federal income tax credit under the Inflation Reduction Act of 2022 for the purchase of qualifying new clean vehicles. The proposed rule would require a certain percentage of critical minerals and battery components to be made in America for a vehicle to qualify for the full tax credit. Comments due June 16.
Ethylene Oxide Emissions Standards for Sterilization Facilities
EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the commercial sterilization facilities source category. Following a risk and technology review, EPA aims to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. Comments due June 12.
Sex-Related Eligibility Criteria for Male and Female Athletic Teams
The Department of Education (ED) issued a notice of proposed rulemaking to amend its Title IX regulations setting out a standard for recipients of federal education funding that governs the use of sex-related criteria to deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity. The proposal would clarify that such criteria must be consistent with Title IX’s nondiscrimination mandate. Comments due May 15.
HIPAA and Supporting Reproductive Health Care Privacy
The Department of Health and Human Services (HHS) issued a notice of proposed rulemaking seeking comment on its proposal to modify the privacy rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The proposal would modify existing standards permitting uses and disclosures of protected health information (PHI) by prohibiting disclosures of PHI for criminal, civil, or administrative investigations or proceedings against individuals or businesses for reproductive health care that is lawfully provided. Comments due June 16.
Health Data & Tech Certification Program Updates
HHS is proposing a rule to implement a provision of the Electronic Health Record (EHR) Reporting Program provision of the 21st Century Cures Act by establishing new certification requirements for health IT developers. The proposal aims to enhance information sharing, interoperability, and transparency and supports the access, exchange, and use of electronic health information. Comments due June 20.
Notice of Regulatory Review
The Federal Housing Finance Agency is issuing a notice of a regulatory review to be conducted in accordance with the process set forth in its Regulatory Review Plan published in February 2012, and is requesting comments on how its regulations may be made more effective and less burdensome. Comments due June 13.
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