As we reported on April 20, 2018, the Senate recently approved a joint resolution of disapproval under the Congressional Review Act (CRA) invalidating a five-year-old guidance document issued by the Consumer Financial Protection Bureau. It marked the first time in which a House of Congress invoked the CRA to invalidate something other than a formal regulation recently promulgated by an agency.
Moments ago, the House of Representatives followed suit by approving the joint resolution of disapproval. The White House has signaled that President Trump will sign the measure.
Given federal agencies’ widespread use of guidance documents in policy making, members of the health care industry should take note that the CRA now represents an additional tool for those looking to invalidate agency guidance documents that exceed the issuing agency’s statutory authority and/or impose unnecessary burdens.