Health Resources Priorities and Allocations System (HRPAS) (2024)

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| What is a significant rule? Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in theregulatory review process, theOffice of Information and Regulatory Affairs (OIRA) determines which rules meet this definition. |
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TheHealth Resources Priorities and Allocations System (HRPAS) rule is asignificant rule issued by theU.S. Department of Health and Human Services effective March 11, 2024, that established the Health Resources Priorities and Allocations System (HRPAS).[1]
Timeline
The following timeline details key rulemaking activity:
- March 11, 2024:Final rule effective.[1]
- February 9, 2024:Final rule published.[1]
- September 15, 2023:Comment period closed.[1]
- August 16, 2023:Proposed rule issued andcomment period opened.[1]
Background
The following is a background of the rule from the rule's entry in theFederal Register:[1]
| “ | HHS published an interim final rule in theFederal Register at 80 FR 42408 on July 17, 2015, to comply with the Part II—Priorities and Allocations, Sec 201(b) of E.O. 13603, dated March 16, 2012, and section 101(d) of the DPA, 50 U.S.C. 4511(d), and received no public comments. Based on the signficant amount of time between the publication of the interim final rule in 2015, HHS published, on August 16, 2023, a NPRM in theFederal Register at 88 FR 55613 to allow for comments based on HHS utilizing DPA authorities and the HRPAS to respond to COVID–19 Public Health Emergency (PHE) from 2020 to 2023 and the infant formula shortage in 2022.[2] | ” |
Summary of the rule
The following is a summary of the rule from the rule's entry in theFederal Register:[1]
| “ | The Department of Health and Human Services (HHS) is issuing a final rule establishing standards and procedures by which it may require acceptance and priority performance of certain contracts or orders to promote the national defense over other contracts or orders with respect to health resources. This final rule also sets new standards and procedures by which HHS may allocate materials, services, and facilities to promote the national defense. This rule finalizes the regulations as proposed in the Notice of Proposed Rule Making (NPRM) of August 16, 2023, with minor technical edits based on comments received.[2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in theFederal Register:[1]
| “ | This final rule implements HHS' administration of priorities and allocations actions with respect to health resources and establishes the Health Resources Priorities and Allocations System (HRPAS). The HRPAS covers health resources pursuant to the authority under section 101(a) of the Defense Production Act (DPA) of 1950 as delegated to the Secretary of HHS (Secretary) by Executive Order (E.O.) 13603. On September 26, 2022, the Secretary delegated to the Assistant Secretary for Preparedness and Response (the ASPR) within the Administration for Strategic Preparedness and Response (ASPR), the authority under section 201 of E.O. 13603 to exercise priorities authority under section 101 of the DPA. This delegation authorized the ASPR, on behalf of the Secretary, to approve DO—[–[M1–M9] priority rating requests for health resources that promote the national defense. This delegation excludes the authority to approve all priorities provisions for health resources that require DX—[–[M1–M9] priority ratings. The Secretary retains all other authorities delegated by the President in E.O. 13603.
| ” |
Significant impact
- See also:Significant regulatory action
Executive Order 12866, issued by PresidentBill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify assignificant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined aneconomically significant rule as a significant rule with an associated economic impact of $100 million or more.Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules assection 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of the Health Resources Priorities and Allocations System (HRPAS) rule states that OMB deemed this rule economically significant under E.O. 12866:
| “ | This rule has been designated a 'significant regulatory action' by the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs, under section 3(f) of E.O. 12866.[2] | ” |
Text of the rule
The full text of the rule is available below:[1]