Agency Rulemaking Highlights

Notable Actions

Affirmatively Furthering Fair Housing

The Department of Housing and Urban Development (HUD) issued a proposed rule seeking to eliminate disparities in housing opportunity and foster inclusive communities. The proposal builds on steps previously taken in HUD’s 2015 Affirmatively Furthering Fair Housing (AFFH) final rule to ensure federal funding advances the policies and goals of the FHA. This rule proposes to retain much of the 2015 AFFH rule, with a more robust community engagement requirement. Comments due April 10.

Removal of Waiver Requirements for Opioid Use Disorder Medications

The Substance Abuse and Mental Health Services Administration (SAMHSA) seeks comments on its proposal to eliminate the requirement that practitioners obtain a waiver to prescribe certain schedule III-V medications for the treatment of opioid use disorder (OUD). The waiver requirements no longer have legal effect on medical provider practices. (For additional background, read our commentary: A Last-Minute Attempt to Partially X the X Waiver.) Comments due March 14.

Omitting Food From In-Kind Support and Maintenance Calculations

The Social Security Administration (SSA) is proposing to remove food from the calculation of in-kind support and maintenance (ISM) and to update its definition of income. Accordingly, Supplemental Security Income (SSI) applicants and recipients would no longer need to provide information about their food expenses, simplifying compliance with program requirements. Comments due April 17.

Separate Licensing Standards for Relative or Kinship Foster Family Homes

The Administration for Children and Families (ACF) is proposing to revise the definition of “foster family home” to allow for separate licensing or approval standards for foster family homes of individuals who are relatives or kinship to a child. The proposal would allow parity in the maintenance payments made to relative and non-relative foster families. Comments due April 17.

Amendment and Restatement of Voluntary Fiduciary Correction Program

The Employee Benefits Security Administration (EBSA) is reopening the comment period for proposed amendments that seek to simplify and expand the Voluntary Fiduciary Correction (VFC) Program, which allows those potentially liable for fiduciary breaches to apply for relief from civil enforcement actions and penalties. Comments now due April 17.