Notice and Comment

Get involved in the federal regulatory process

About

Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies. ACS monitors the federal register for notices of proposed regulatory changes and highlights select opportunities that may be of interest to our members. ACS encourages our members to write and submit comments, but we are also looking for volunteers to research comments and provide expert talking points to guide comment writing. For more information, check out our Notice and Comment Webinar.

Please email LCEmails@acslaw.org with the subject line “Notice and Comment” for more information.

State Regulation Monitors

Seeking Volunteers for Monitoring Proposed Regulatory Changes in the States

ACS is expanding its Notice and Comment Project, which monitors regulations and policy-making and then highlights select opportunities that may be of interest to our members, to include all 50 states. There is currently no single location to find proposed regulatory changes for all 50 states. Not only that, but many state proposed regulatory changes are difficult to monitor and not easily accessible to the general public. ACS is looking for volunteers to monitor, on a weekly basis, state notices of proposed rulemaking. Please email LCEmails@acslaw.org for more information.

Federal Opportunities

Top Notice and Comment Opportunities

  • The National Labor Relations Board (NLRB) seeks comment by December 13 on a proposed rule revising the legal test that is used to determine whether two employers are considered “joint employers” under the National Labor Relations Act. Read more from Mondaq.
  • The Centers for Medicare & Medicaid Services (CMS) seeks comment by December 17 on a proposed rule to require advertisements of prescription drugs to include the list price if payment is available through Medicare or Medicaid. The proposal seeks to ensure that beneficiaries are provided with relevant information about the costs of drugs so they can make informed decisions that minimize out-of-pocket costs and expenditures borne by Medicare and Medicaid. Read more from The New York Times, The Washington Post, NPR, and The Wall Street Journal.
  • The U.S. Commission on Civil Rights seeks comment by December 17 after a public briefing to evaluate federal civil rights enforcement, examining in particular Fiscal Years 2016 through 2018. The Commissioners will investigate whether the federal government is adequately protecting and vindicating the civil rights of the American people. The briefing is on November 2 and will be live-streamed on YouTube. Comments can be submitted to enforcement@usccr.gov.
  • The Centers for Medicare and Medicaid Services (CMS) seeks comment by December 31 on a proposal to implement an international pricing index model for Medicare Part B drugs and biologicals. If implemented, the proposed model would make sweeping changes to the drug and biological supply chain for participants. Read more from Policy & Medicine, Law360, The National Law Review, and Health Payer Intelligence.
  • The Department of Justice (DOJ) and the Department of Homeland Security (DHS) seek comment by January 8 on an interim final rule governing asylum claims. DOJ and DHS are amending their respective existing regulations to provide that individuals who cross the southern border are ineligible for asylum. The rule would force migrants seeking asylum to present their claims at ports of entry. Read more from The Washington Post and The New York Times.
  • The Centers for Medicare and Medicaid Services (CMS) seeks comment by December 24 on a guidance that changes the way it will evaluate innovation waivers. The guidance gives state governors significant power to overhaul their insurance exchanges without having their state legislatures approve their changes. Read more from Modern Healthcare and Politico.
  • The Centers for Medicare and Medicaid Services (CMS) seeks comment by January 8 on a proposed rule that would revise standards relating to billing requirements for health insurance exchanges established by states. Among other things, the proposal would require insurers to separate abortion charges from the monthly bill to customers. Read more from Modern Healthcare and Politico.
  • The Centers for Medicare and Medicaid Services (CMS) seeks comment by January 14 on a proposed rule which, among other things, allows states to require managed care plans to adopt certain rates. This proposed rule is intended to advance CMS’s efforts to relieve perceived regulatory burdens. Read more from Dentons and Healthcare Risk Management Review.
  • The Department of Education seeks comment by January 28 on a proposal to amend regulations implementing Title IX of the Education Amendments of 1972. The proposal would overhaul the rules governing campus sexual assault, reducing the liability of colleges and universities for investigating sexual misconduct claims and bolstering the due process rights of defendants, including the right to cross-examine their accusers. Read more from The Washington Post, The New York Times, and Politico.

Members can also search the Federal Register for other comment opportunities.

State Opportunities

  • The California Department of Social Services seeks comment by 5 p.m. PST on December 19 on a proposal to clarify the Tribal Customary Adoption (TCA) practices under Assembly Bill 1325. The proposed regulations will offer Indian children permanence through customary tribal adoption practices without terminating parental rights or tribal membership. In addition, dependent Indian children through TCA, will be eligible for benefits from the Adoption Assistance Program. Comments may be submitted by email to ord@dss.ca.gov. See pages 1953-1955 of the California Regulatory Notice Register for further information.
  • The California Commission on Teacher Credentialing seeks comment by 5 p.m. on January 7 on a proposal to clarify how applications from individuals with qualified disabilities who request reasonable accommodations will be handled by the Commission. Comments may be submitted by email to tduggan@ctc.ca.gov. See pages 2040-2042 of the California Regulatory Notice Register for further information.

Webinar

On September 19, ACS hosted a webinar on notice and comment procedure. Whether you care about environmental regulations, conditions for millions of workers across the country, financial controls, or any number of regulatory issues, this valuable training seminar covers the basics of the process that underlies all regulatory action with two seasoned experts. Notice and comment is a key oversight tool for agency activity, particularly in the current political environment, and it’s also a great way to develop knowledge in a particular area of the law. Whether you are an experienced practitioner or a law student still developing your experience, you can participate in notice and comment procedure to bring about change.

Featuring

Jill Dash, American Constitution Society, moderator
Emily Hogin, Perkins Coie
Raj Nayak, National Employment Law Project
Karl Sandstrom, Perkins Coie

Listen here

Get involved in the federal regulatory process.  Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies.