Posted: | September 19, 2016 03:56 PM |
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From: | Senator Donald C. White |
To: | All Senate members |
Subject: | Increasing Transparency in the Regulatory Process |
The Commonwealth Documents Law lists limited circumstances in which a department or agency is permitted to promulgate a final-omitted regulation. Final-omitted allows the department or agency to skip certain aspects of the regulatory process such as the otherwise required public comment period. However, nothing prohibits a department or agency from submitting a final-omitted regulation that increases spending of taxpayer dollars. The Department of Human services recently announced its intent to modify the Medical Assistance regulations to require coverage for sex change procedures. The Department plans to submit these regulations as final-omitted in November, bypassing the public comment period. Notably, this expansion of coverage, by the Department’s own admission, has an annual fiscal impact of $9.112 million to the Medicaid budget. This startling lack of transparency in the spending of taxpayer dollars is unacceptable and only furthers public mistrust of the government. While this proposed regulation is one example, there should be no instance where a department or agency can propose increased spending through regulation without some level of public input. The Commonwealth Documents Law should require a department or agency promulgating a regulation to sufficiently prove that the regulation will have no fiscal impact before it can be submitted as final-omitted. Please join me in cosponsoring this legislation. |
Introduced as SB1370