Bloomberg Law
Jan. 23, 2021, 1:53 AM

Late Trump-Era Health Rules Raise Legal Questions Over Timing

Tony Pugh
Tony Pugh
Reporter

The Biden administration could delay or rewrite three major health-care rules issued in the final weeks of the Trump administration after their effective dates were found unlawful by a federal watchdog agency.

Two of the rules provide broad new exceptions to the Stark Law and the Anti-Kickback Statute, which police fraud in the health-care sector. The third rule restructures how drugmakers pay pharmacy middlemen such that the rebates can’t fluctuate based on the price of a drug.

The Government Accountability Office found all three rules violate the Congressional Review Act, which requires that major rules take effect 60 days ...

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