The U.S. Department of Health and Human Services (HHS) has announced a new general policy on what factors the agency will take into account when considering whether to make a criminal referral to the Department of Justice (DOJ) for individuals and entities who violate HHS regulations.
The notice, published on June 24, is in response to Executive Order 14294, which was issued by President Trump on May 9, 2025 and is designed to fight “overcriminalization in federal regulations.” That executive order pointed to the Code of Federal Regulations and its reams of pages in which lurk regulations that could result in criminal liability.
Under the executive order, agencies were required to issue guidance in the Federal Register (so, more pages to read) to identify their plan to address criminal regulatory offenses. In addition to this policy guidance, the agencies are required to submit a report within a year to the Office of Management and Budget (OMB) detailing all potentially criminal regulatory offenses as well as the potential punishment for violation of those regulations.Continue Reading HHS Announces Policy on Criminal Referrals for Regulatory Violations