The Administrative Process: Legislating in the Executive Branch

The administrative process often appears opaque, cumbersome, and esoteric. This is particularly true of health policy, in which the rulemaking process is often statutorily prescriptive. However, often broad discretion is given to agencies as Congress has granted the executive branch latitude to essentially legislate with its rulemaking powers. Understanding these processes is key for policymakers to effectively shape desired outcomes and advance policy improvements.

This educational brief will outline that process and offer a case study of the promulgation of a new coverage opportunity.

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