Industry stakeholders keep eye on Kennedy, Oz

WASHINGTON – Robert F. Kennedy Jr., the new secretary of the U.S. Department of Health and Human Services, issued a new policy prohibiting public comments during rulemaking processes, raising concerns about transparency, say industry stakeholders. 

In a notice published in the March 3 Federal Register, HHS rescinded the 1971 Richardson Waiver, which requires the agency to provide notice on policy and actions related to agency personnel, public loans, grants, benefits and contracts. 

While Kennedy says the move is to streamline processes, it takes away the public’s ability to have a voice in policy matters, said Ike Isaacson, senior vice president of government and regulatory relations for VGM & Associates.  

“Rather than taking 90 days for public comment and adjusting accordingly or taking comments under review, it’s essentially, they’re going to make a decision and they’re going to publish it,” he said. “I think that’s something we should be paying attention to.” 

Kennedy was sworn in Feb. 13, after being narrowly confirmed by the Senate in a 52-48 vote. As secretary of HHS, Kennedy oversees the Food and Drug Administration, the Centers for Disease Control and Prevention and CMS.  

While Kennedy is known for his stances on vaccine safety and over-processed foods, it’s largely unknown what his plans are for Medicare and Medicaid. His confirmation hearing before the Senate Finance Committee didn’t help, with Kennedy appearing unclear about several aspects of both programs, including how they are funded.  

“It’s absolutely a concern,” says Isaacson. “While I can empathize with the desire to have new and fresh ideas, there is something to be said for institutional knowledge. When you have the two largest health payers in Medicaid and Medicare, there’s a need for some of that institutional knowledge to be maintained and for processes and any impacts to be understood.” 

Stakeholders say they are hopeful this opens the door to engaging and educating Kennedy on HME, as they have with past secretaries. 

“I think he will understand that we are a patient-preferred and cost-effective site of care,” said Tom Ryan, president and CEO of AAHomecare. 

Stakeholders also stand ready to engage and educate Dr. Mehmet Oz, President Donald Trump’s pick for CMS administrator. Oz has not yet had a confirmation hearing, but he is on the record as being a big supporter of Medicare Advantage plans. 

“We actually advocate for Medicare fee-for-service, because we have fewer problems and more opportunity for transparency, so that remains to be seen,” Ryan said. “Once he gets confirmed, we’ll get a face-to-face sit down and tell our story.”