Solutions Briefs

Pandemic Regulatory Changes: Should They Stay or Should They Go?

September 09, 2022

The COVID-19 crisis required the waiver of many regulatory policies across the economy but perhaps most urgently and most importantly in health care, one of the most heavily regulated sectors. It also brought into effect new regulations in an attempt to meet the demands of the crisis. This Solutions Brief examines three broad areas, each of which shows the power of regulation: two concerning waivers removing regulation—pandemic waivers from the Centers for Medicare and Medicaid Services (CMS) and efforts by the Food and Drug Administration (FDA) to speed authorization of new therapies—and the third concerning a new regulation—the Department of Labor’s and HHS’ regulations on vaccination of many employees. Two of these initiatives were broadly successful, while one tested—and the Supreme Court found that it exceeded—the limits of regulation. CED recommends that US regulatory policy receive an energetic review. Today, the nation has a unique opportunity to do just that.