HHS Crafts Unique Severable Rule In Anticipation Of Suit Against Short-Term Plans, Azar Defends Plans

August 01, 2018
HHS wrote its controversial short-term plan rule anticipating the agency would be sued. The department added a unique severability clause stating that, if a court invalidated the extended 36-month duration of the short-term plans, the rest of the rule would still be enforced. But the rule, out Wednesday (Aug. 1), also makes clear the administration expects it would prevail in court and lays out a legal justification for allowing the plans, limited in duration to one year under the Obama...

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