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In recent weeks, Biden has been racing to pass “Trump-proof” health regulations.

President Joe Biden and former President Donald Trump

The Biden administration has made several significant changes to the nation’s health care system during its term, such as abortion data privacy, antidiscrimination protections for transgender patients and minimum employment rules in nursing homes. Now, with only six months left until the presidential elections, the EU is working to secure its policy in the event that Donald Trump returns to power and the Republicans take control of Congress.

“The administration continues its important work on health care, affordability and access,” said Ben Anderson, deputy senior director for health policy at the consumer advocacy group Families USA. “If the rules are not finalized quickly enough on the calendar, there is a risk that everything will be undone by a future Congress.”

At issue is the Congressional Review Act, which allows lawmakers to rescind laws even after the executive branch has completed them. The bill also prohibits agencies from applying “substantially similar” rules in the future unless Congress directs them to do so. Legislation can be protected if it is completed before the look-back period opens in the last 60 legislative days of the 2024 session. But due to the quirks of the congressional calendar, no one will likely know when that will happen until Congress adjourns it for the year.

During the Trump administration, Congress used the law to repeal 16 regulations issued at the end of former President Barack Obama’s term. According to people close to him, if Trump wins a second term, he plans to use the same tactics to expose as many of President Biden’s plans as possible. That’s why Biden’s senior advisers are trying to “Trump-proof” as many regulations as possible before they become vulnerable to repeal under the 1996 law.

“The Biden administration has been working a lot on health care equity over the last two weeks, so they’ve released a lot of legislation to provide these really critical protections,” said Dania Douglas, senior staff attorney at the National Health Law Program. .

In particular, she referred to a provision strengthening anti-discrimination protection in health care for people with disabilities, which has not been updated for almost 50 years. “I think the Biden-Harris administration was acutely aware of the CRA deadline and worked very hard to get these rules in place in April at a time when they believed it would be safe to do so before the CRA’s look-back period,” she said. he said.

During his second term, Trump promised to dismantle many of Biden’s policies through a series of executive actions. Like presidents before him, Trump could sign an executive order freezing all proposed regulations, making it easier to withdraw them before they are completed. He could also undo many of the Biden administration’s executive orders with the stroke of a pen. But analysts say repealing the final regulations, which cannot be repealed by the Congressional Review Act, may prove more difficult. This would likely require proposing new laws to amend existing ones, a process that could take years.