Recent Changes to DOJ’s “Justice Manual” Addressing De-Facto Regulations

Recent Changes to DOJ’s “Justice Manual” Addressing De-Facto Regulations (December 27, 2018):  On November 16, 2017, Attorney General Jeff Sessions issued a memorandum[1] (Sessions Memo) [2]  to all components of the U.S. Department of Justice (DOJ) addressing the fact that in the past, some DOJ guidance documents had not gone through the rulemaking process but had still been issued and used to bind private parties.  As the memorandum further noted: “Effective immediately, Department components may not issue guidance documents that purport to create rights or obligations binding on persons or entities outside the Executive Branch (including state, local, and tribal governments).” The purpose of this memorandum was fairly straight-forward.  Regulated parties should be able to rely on statutory and regulatory requirements that have been implemented in accordance with the legislative and rulemaking process. Guidance documents that…

Read more detail on Recent Health Care Law posts –

This entry was posted in Health Law and tagged , , , , , , , . Bookmark the permalink.

Leave a Reply