HHS rulemaking to-do list hits the Register
Published Date: 8/14/2026
Notice
Summary
The Regulatory Flexibility Act of 1980 and Executive Order 12866 require the issuance of an inventory of rulemaking actions under development throughout the Department, offering for public review summarized information about forthcoming regulatory actions.
Analyzed Economic Effects
7 provisions identified: 5 benefits, 1 costs, 1 mixed.
Marketplace Subsidy Verification Change
Because of the Working Families Tax Cut law (Public Law 119-21), beginning with plan year 2028 individuals will not receive advance premium tax credit (APTC) payments until they have successfully verified eligibility through an Exchange documentation process. Exchanges must provide a pre-enrollment verification process no later than August 1, 2027, and Open Enrollment for plan year 2028 begins November 1, 2027.
Web and App Accessibility Deadlines
HHS finalized a rule (May 9, 2024) requiring recipients with 15 or more employees to make their websites and mobile apps accessible to people with disabilities, with a compliance date of May 11, 2026. The Department issued an interim final rule extending the deadlines and says it will consider a new proposed rule to reconsider whether some requirements can be made less burdensome.
Opioid Treatment Access Expanded
SAMHSA will revise 42 CFR part 8 to make permanent some COVID-era flexibilities for Opioid Treatment Programs, update rules for unsupervised methadone doses, allow initiation of buprenorphine by telemedicine, and update admission criteria to expand timely access to care. SAMHSA estimates these changes will impact roughly 1,900 opioid treatment programs and state opioid treatment authorities.
No Surprises Act IDR Rules Finalized
CMS finalized rules implementing parts of the No Surprises Act’s Federal independent dispute resolution (IDR) process. The final rule requires plans and issuers to include specified information with initial payment or denial notices, to use claim adjustment reason codes (CARCs) and remittance advice remark codes (RARCs) for certain remittance communications, and it amends rules on the open negotiation period, initiation and eligibility review for Federal IDR, and payment/collection of administrative and certified IDR entity fees.
Reduce Provider Administrative Burdens
CMS proposes a rule titled 'Cutting Administrative Requirements for Excellence in Patient Care' to modernize Conditions of Participation and Conditions for Coverage, eliminate obsolete or excessively burdensome regulations, and increase flexibility for Medicare- and Medicaid-participating providers. The NPRM target listed is August 2026.
Patient Medication Information Required
FDA will require a new form of patient labeling called Patient Medication Information for human prescription drug products and certain outpatient blood products; manufacturers must submit this information to FDA for approval. The rulemaking is scheduled with a final rule target of December 2026.
Front-of-Package Nutrition Labels
FDA proposes requiring front-of-package nutrition labeling on packaged foods to display certain nutrition information to help consumers make quicker, informed dietary choices; the rule would also amend certain nutrient content claim regulations. The rulemaking lists a final rule target of December 2026.
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Key Dates
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