Subregulatory Guidance Tracker

Federal agencies sometimes create policies or alter regulations without submitting these changes to a formal review process as required by federal law. They do so by claiming these policies are simply clarifications of existing law, and issue them in the form of “Dear Colleague” letters, bulletins, memos, circulars, examples, etc., which together are often referred to as “guidance.”

More than 100,000 pieces of guidance exist, but most are not easily found online.

In this tracker, you will find summaries of suspect guidance, with links to their text and related information. Criteria for listing guidance is available here. If you are aware of guidance not listed here that you believe might be illegal rulemaking, please contact us.

You can search for guidance updates by agency using the drop down below or by keyword using the search function.

Have you seen guidance issued that others should be aware of? Share the details via our Guidance Spotting form.

Coverage of Services and Supports to Address Health-Related Social Needs in Medicaid and the Children’s Health Insurance Program
Centers for Medicare & Medicaid Services, Department of Health and Human Services Tenille Martin Centers for Medicare & Medicaid Services, Department of Health and Human Services Tenille Martin

Coverage of Services and Supports to Address Health-Related Social Needs in Medicaid and the Children’s Health Insurance Program

Centers for Medicare & Medicaid Services (CMS) guidance expands how states can use Medicaid and CHIP authorities, such as Section 1115 waivers, to fund services addressing Health-Related Social Needs (HRSN), including housing, utilities, and nutrition support.

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Basic Requirements for Conducting Ex Parte Renewals of Medicaid and CHIP Eligibility
Department of Health and Human Services, Centers for Medicare & Medicaid Services Tenille Martin Department of Health and Human Services, Centers for Medicare & Medicaid Services Tenille Martin

Basic Requirements for Conducting Ex Parte Renewals of Medicaid and CHIP Eligibility

Centers for Medicare & Medicaid Services (CMS) guidance outlines mandatory ex parte (automatic eligibility) renewal procedures, requiring states to use all available data sources, including those previously deemed incomplete or unreliable, before contacting beneficiaries.

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Enforcement Guidance on Harassment in the Workplace
US Equal Employment Opportunity Commission Tenille Martin US Equal Employment Opportunity Commission Tenille Martin

Enforcement Guidance on Harassment in the Workplace

The US Equal Employment Opportunity Commission updated its guidance on harassment in the workplace by expanding sex to include gender identity, thereby redefining sex-based harassment to include behaviors such as misgendering; disclosing an individual’s prior gender identity; and denying individuals the bathroom, locker room, or other sex-segregated facility that corresponds to their chosen gender identity.

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Manual on Uniform Traffic Control Devices for Streets and Highways
Department of Transportation Tenille Martin Department of Transportation Tenille Martin

Manual on Uniform Traffic Control Devices for Streets and Highways

The latest version of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), which sets standards for the use of traffic signs, road surface markings, and signals for state and local agencies that receive federal funds, orders those agencies not to post humorous or safety messages on traffic signs due to concerns that they could “adversely affect respect for the sign.”

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Ensuring Eligible Children Maintain Medicaid and CHIP Coverage
Department of Health and Human Services, Centers for Medicare & Medicaid Services Tenille Martin Department of Health and Human Services, Centers for Medicare & Medicaid Services Tenille Martin

Ensuring Eligible Children Maintain Medicaid and CHIP Coverage

The Center for Medicaid and CHIP Services issued an “Informational Bulletin” outlining concerns and providing recommendations for states on how to address children potentially being improperly removed from Medicaid and CHIP after the conclusion of the COVID-19 Public Health Emergency.

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Racial Discrimination in School Discipline
Department of Education, Department of Justice Tenille Martin Department of Education, Department of Justice Tenille Martin

Racial Discrimination in School Discipline

The Department of Education’s Office for Civil Rights and the Department of Justice’s Civil Rights Division jointly released a resource document that highlights recent investigations of school discipline policies. This document features various investigations of discrimination in student discipline on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1964 and the Departments’ Title VI regulations.

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Language Access During Medicaid Continuous Enrollment Condition
Department of Health and Human Services, Office of Civil Rights Tenille Martin Department of Health and Human Services, Office of Civil Rights Tenille Martin

Language Access During Medicaid Continuous Enrollment Condition

The HHS Office of Civil Rights (OCR) issued a “Dear Colleague” letter to state Medicaid administrators about their responsibility to provide access to various languages for individuals with limited English proficiency during the Medicaid redetermination process.

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