The thing about those new musculoskeletal Listings published in the Federal Register today is that they are not supposed
to become effective until 120 days after publication, April 2, 2021, which will be well
after Inauguration Day. The minimum time is 30 days, meaning these could
have become effective before Inauguration Day. New regulations which
have not yet gone into effect can still be withdrawn. Other new
Administrations have put holds on new regulations
going into effect until they can be reviewed and some have been
withdrawn. I'm sure the 120 days is needed to do staff training and even
that is probably rushing it given the difficulty of doing training
during the pandemic but it gives the Biden Administration time to withdraw and rewrite the new Listings. Advocacy groups will be urging them to do so. I don't know whether these new Listings will be viewed by the new Administration as normal housekeeping or as a partisan attack on claimants. My strong opinion is that there is nothing in these new Listings that was required by any medical advances. It's entirely and intentionally slanted to cause more denials.
Dec 3, 2020
New Musculoskeletal Listings Could Still Be Axed By Biden Administration
Labels:
Federal Register,
Listings,
Regulations
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The line above the author's photo seems to indicate that published final rules must be re-regulated, effective date notwithstanding.
https://www.cato.org/sites/cato.org/files/serials/files/regulation/2001/4/dudley.pdf
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