January 13, 2021
Statement from HHS Chief of Staff Brian Harrison on Promoting Fairness and Transparency in HHS Civil Enforcement Actions
Today, HHS announced through a policy memorandum* that its operating and staff divisions will review and revise their procedures related to civil enforcement actions and adjudications to ensure that they promote fairness and transparency. Fairness and transparency foster public trust in administrative procedures and functions, and HHS is committed to acting transparently and fairly with respect to all regulated persons, including parties in administrative enforcement and adjudication proceedings. The policy memorandum directs HHS to provide additional specific protections to regulated parties who are the subject of civil enforcement actions. For example, HHS will make its in-house adjudications more akin to federal court and, where appropriate, will not bring enforcement actions against persons who were acting in good faith to comply with the law.
HHS Chief of Staff Brian Harrison issued the following statement:
“Since HHS’s civil enforcement actions have the power to cripple small businesses and individuals, the Department owes it to them to ensure hearings are fair and transparent. Today, HHS is directing its divisions to revise their hearing procedures to ensure they are.”
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