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DCCUMENT FESURE
019.9 - [A1252249]
Report to the Secretary of Health, Education, and Welfare on
Fundamental Improvements Needed for Timely Promulgation of
Health Program Regulations. HRD-77-58; B-164031(5). Say 5, 1977.
83 pp.
Report to Secretary, Department of Health, Education, and
Welfare; by Gregory J. Ahart, Director, Human Resources and
Development Div.
Issue Area: Hcalth Programs: Compliance With Financing Laws and
Regulations i'l2C).
Contact: Human Resources and Development Div.
Budget Function: Health (550).
Congressional Relevance: House Committee on Interstate and
Foreign Commerce: Health and tie Environmevt Subcommittee;
Senate Committee oq Human Resources.
Authority: Health Nai.ntendnce Orgavizazidn Act of 1973 (P.L.
93-222; 42 U.S.C. 300e et seq.). Social Security Act, as
amended; Socia. Security Amendments of I567, sec. 301;
Social Security Amendments of 1572 (P.L. S12-603; 42 U.S.C.
703(2), 704(2); 42 U.S.C. 711; 42 U.S.C. 1395u; 42 U.S.C.
1396a). National Health Planning and Resources Development
Act of 1974 (P.L. 93-641; 42 U.s.C. 3001). Nurse Training
Act of 1971; Pubiic Health Service Acu, as amended (42
U.S.C. 296d; 42 E.SIC. 3801, as amended). 21 C.F.R. part 1,
3. CMB Circular A-e5.
The Chairman cf the House Subcomaittee on Health and
the Environment, Committee on Interstate an:: Fcreign Commerce,
requested a review cf the Department of Health, Zducation, and
Wplfare's (HEW's) System for developing and pzcmulgating health
program regulations. Fourteen regulations were studied, 52
initiated as a result of legislaticn and 2 instituted to change
the administration of current programs. Findings/Conclusions:
No final regulations were rublished witLin the deadline time of
6 months after enactment of enabling legislaticn, and, instead,
are being published up to 3 years late. Delays in publishing
regulations were primarily caused ky weaknesses in HEW's
policies and procedures for develcping and processing proposed
regulations, but sogetimes the delays uere caused by HEW's
conscientiousness in resolving policy issues and encouraging
public Farticipaticn. Limited staff and resources, diffused
responsibilities and lack of authority, low priority assigned
regulations by some officials, and failure to monitor and take
effective measures, also delay publication. Recently announced
changes to policies and procedures will help scmewhat, but
additional changes are needed. Comi1iance with CMB Circular A-85
is not required, and the pclicies for forwarding proposed
regulations to the ldvisory Committee on Intergovernmental
Relations (ACIR) are interpreted differently by the health
agencies. Recommendations: HEW staff and resources should be](ViewImageLocal?handle=hein.gao/gaobaacdv0001&div=1&collection=&method=preview&ext=.png&size=3)