Home » Biden Administration Fast-Tracks Health Regulations in Anticipation of Potential Trump Return

Biden Administration Fast-Tracks Health Regulations in Anticipation of Potential Trump Return

by Richard A Reagan

In anticipation of a potential return to the White House by Donald Trump, the Biden administration is rushing the finalization of its healthcare regulations.

This is seen as an effort to shield Biden’s policies on abortion data privacy, antidiscrimination measures for transgender patients, and nursing home staffing standards from being easily overturned under the Congressional Review Act (CRA).

The CRA is a powerful legislative tool that allows a simple majority in Congress to nullify recently finalized executive regulations.

This act has become a focal point for Biden’s regulators due to its power to impact presidential legacies profoundly.

Historically, the CRA was rarely employed until the Trump administration, which used it to revoke 16 regulations from the Obama era.

This underscores the importance of the timing of rule finalizations, which are safe from the CRA only if completed before the last 60 legislative days of Congress’s session—an exact window often unknown until the year’s end.

According to Ben Anderson, deputy senior director of health policy at Families USA, a consumer advocacy group, the administration’s proactive stance is crucial.

“If rules aren’t finalized soon enough in the calendar, then everything’s sort of at risk of being undone by a future Congress,” Anderson explains.

This sentiment is echoed by the pace at which regulations are being issued, notably with April seeing a surge in major rules—an unprecedented level since 1981, according to Susan Dudley, former administrator of the Office of Information and Regulatory Affairs.

Among the regulations issued are those expanding protections under the Health Insurance Portability and Accountability Act (HIPAA) for individuals seeking abortions and enhancing anti-discrimination safeguards for LGBTQ patients.

These measures are particularly sensitive, given the current political and social climate, and could be prime targets for a future administration inclined to reverse Biden’s policies.

GOP-led states have pushed back against Biden’s health regulations. A wave of legislation across Republican-dominated states aims to reinforce the protection of minors and uphold family values.

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