It’s hugely uncertain, risks expiration of safety nets, and causes regulatory see-sawing.
Deborah Samenow 22, has more than a decade of federal government experience reviewing and adjudicating Medicare claims for coverage and reimbursement, and Wenxi Li, is a member of the DLA Piper’s Healthcare Industry team in the Washington, DC office, and Alexandra Lafree, graduate of the University of Maryland Francis King Carey School of Law, 7-26-2022, DLA Piper, "Fading into the sunset The last of the Sunset Rule," https://www.dlapiper.com/en/insights/publications/2022/07/fading-into-the-sunset-the-last-of-the-sunset-rule //AS
At the time the Sunset Rule was finalized, commenters had relayed numerous concerns, including that the Sunset Rule would cause significant regulatory uncertainty in the healthcare industry. Commentors feared that potential regulatory changes could create additional compliance and regulatory costs for healthcare providers and force them to adapt to a changing regulatory framework.
For example, the uncertainty created around the expiration of regulations, including those that guide eligibility for participation in Medicare and Medicaid, provider reimbursement, and certification of hospitals and clinics, could disrupt the efficient operation of critical safety-net programs, create regulatory gaps and inconsistent application of the law, and make accessing safety-net services for vulnerable populations even more complicated and difficult than it is today. Other commenters feared that it would be difficult to advise clients on how to comply with HHS regulations, given the risk for withdrawal.