United States:
Congress Approves Novel Use Of Congressional Review Act To Invalidate Agency Guidance Document; Potential New Avenue Of Relief For Health Industry?
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As we
reported on April 20, 2018, the Senate recently approved a joint resolution of disapproval under the
Congressional Review Act (CRA) invalidating a five-year-old
guidance document issued by the Consumer Financial Protection
Bureau. It marked the first time in which a House of Congress
invoked the CRA to invalidate something other than a formal
regulation recently promulgated by an agency.
Moments ago, the House of Representatives followed suit by
approving the joint resolution of disapproval. The White House has
signaled that President Trump will sign the
measure.
Given federal agencies' widespread use of guidance documents
in policy making, members of the health care industry should take
note that the CRA now represents an additional tool for those
looking to invalidate agency guidance documents that exceed the
issuing agency's statutory authority and/or impose unnecessary
burdens.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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