Implementation of Executive Order on Access to Affordable Life-Saving Medications; Rescission of Regulation

HHS is rescinding the final rule entitled "Implementation of Executive Order on Access to Affordable Life-Saving Medications," published in the December 23, 2020, Federal Register (2020 Rule). HHS is rescinding the 2020 Rule due to the excessive administrative costs and burdens that implementation would have imposed on health centers. In particular, the 2020 Rule required health centers to create and maintain new practices necessary to determine patients' eligibility to receive certain drugs at or below the discounted price paid by the health center or subgrantees plus a minimal administration fee. HHS finds the 2020 Rule's implementation would have resulted in reduced resources available to support critical services to health center patients--including those who use insulin and injectable epinephrine. HHS's consideration of the 2020 Rule's impact was informed, in part, by the demands on health centers resulting from the COVID-19 pandemic. As Executive Order 13937 remains in effect, HHS is exploring non- regulatory options to implement the Executive Order.