The Secretary may put the change in place by program instruction
Making continuing appropriations and extensions for fiscal year 2026, and for other purposes, section 6201, Sec. 6201.
Written by .
The Secretary may put the change in place by program instruction
The document says “can”Who acts: Secretary of Health and Human ServicesHow: statuteSec. 6201 in the PDF
What the document says
“Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.”
This clause lets the change take effect without notice and comment rulemaking, which is common in short-term Medicare extensions because the deadline arrives faster than a rule can be written.
What the document actually says
“Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.”
That sentence, in plain words
The Secretary may make this change by sending out an instruction. There is no need for the longer path.
What this is about
Changing a payment rule usually means writing a rule and taking comments. That takes months. This lets the change go out by notice instead.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, Public Law 119-37, sec. 6201, 139 Stat. 630 (2025). https://www.govinfo.gov/content/pkg/PLAW-119publ37/html/PLAW-119publ37.htm
This page
“The Secretary may put the change in place by program instruction,” Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, section 6201, Sec. 6201. Read the Mandate, https://readthemandate.org/continuing-appropriations-agriculture-legislative/proposal/sec6201-secretary-may-use-program-instruction/ (retrieved October 10, 2026).
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