Jason Bring, AGG partner and co-chair of the Healthcare Litigation practice, was quoted in a Law360 article discussing the U.S. Department of Health and Human Services’ decision to reverse a longstanding public comment requirement, a move that could accelerate regulatory changes for Medicaid and other healthcare programs.
HHS Secretary Robert F. Kennedy Jr. rescinded the department’s 1971 policy of adhering to the Administrative Procedure Act’s notice and comment requirements before issuing rules on public property, loans, grants, contracts and benefits.
Jason noted that the term, “benefits,” is one that “draws attention” for him. “By way of comparison, I don’t think most of our clients are really worried about public property or loans,” he said.
Despite the rollback, Jason anticipates that HHS will still seek public input for major regulatory changes and the government itself benefits from the influx of public comment on proposed rules. He shared that regulations proposed by the U.S. Centers for Medicare and Medicaid Services, for example, often undergo substantial changes in response to public comment.
“It’s a process that improves the overall outcome of the rulemaking process, and I doubt that there’s going to be a big swing away from that for rules that are more substantive and for which the agency wants and desires that input,” said Jason. “[T]he constituents out there from every side will want to participate if [a rule] has a significant impact or important impact on a benefit change under one of those federal programs.”
As regulatory changes accelerate, Jason emphasized that healthcare attorneys need to remain adaptable and “may have to work at a quicker pace.”
“We’re always somewhat drinking from the fire hose in that there are always new things coming down the pike that are changing,” said Jason. “It just happens that the fire hose right now is open full blast.”
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