What Is a Comment Period? Understanding How Stakeholders Influence Medicare Policy
When CMS releases a proposed rule, the agency does not immediately implement the changes. Instead, it opens a public comment period, giving clinicians, health care organizations, manufacturers, professional societies, and other stakeholders an opportunity to provide feedback before policies are finalized. Understanding the comment period can help wound care professionals better follow the Medicare rulemaking process.
Key Takeaways:
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A comment period is a designated timeframe during which the public can provide feedback on a proposed CMS rule.
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CMS reviews and responds to significant comments before issuing a final rule.
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Public comments can influence whether a proposal is finalized, modified, or withdrawn.
What Is a Comment Period?
Every year, the Centers for Medicare & Medicaid Services (CMS) releases proposed rules that could affect health care payment systems, quality programs, coding policies, and other aspects of Medicare administration. While these proposals often generate headlines, they are not the final word. Before CMS can finalize most regulatory changes, it must provide an opportunity for public input through a process known as the comment period.
A comment period is a designated timeframe during which interested stakeholders may submit feedback on a proposed rule. The process is rooted in the Administrative Procedure Act (APA), which generally requires federal agencies to provide notice of proposed regulatory actions and allow the public an opportunity to comment before issuing final regulations.¹
When CMS publishes a proposed rule in the Federal Register, the agency specifies the deadline for submitting comments. For major Medicare payment rules, such as the Physician Fee Schedule (PFS) and Hospital Outpatient Prospective Payment System (OPPS), the comment period is often approximately 60 days, although the exact duration may vary depending on the rule.²,³
Importantly, anyone can submit a comment. While health care providers, hospitals, professional societies, manufacturers, advocacy organizations, and health systems are among the most frequent participants, individual clinicians, patients, caregivers, and members of the public may also provide feedback. Comments are typically submitted electronically through Regulations.gov, the federal government's rulemaking portal.⁴
The purpose of the comment period is to help agencies identify potential issues, gather additional evidence, understand operational challenges, and assess the potential impact of proposed policies. CMS may receive hundreds—or even thousands—of comments on major Medicare regulations.²
Once the comment period closes, CMS reviews the submitted feedback and considers whether revisions are warranted. The agency is not required to adopt recommendations from commenters, but it generally must consider substantive comments and address significant issues raised during the rulemaking process.¹
This review can lead CMS to make changes before publishing a final rule. In some cases, a proposal is finalized largely as written. In others, CMS may modify payment methodologies, clarify policy language, delay implementation, or decide not to move forward with certain provisions.²
For wound care stakeholders, the comment period represents an important stage in the Medicare rulemaking process. It provides insight into the concerns and priorities of health care organizations, professional associations, manufacturers, and patient advocates while giving CMS an opportunity to refine policies before they take effect.
Understanding how comment periods work can help clinicians and health care leaders better interpret proposed rules and appreciate the steps that occur before Medicare policies become final.
References
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Administrative Procedure Act, 5 U.S.C. §553. Accessed June 23, 2026. https://uscode.house.gov
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Centers for Medicare & Medicaid Services. CMS Rulemaking. CMS. Updated 2024. Accessed June 23, 2026. https://www.cms.gov/medicare/regulations-guidance/cms-rulemaking
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Social Security Act §1871, 42 U.S.C. §1395hh. Medicare rulemaking procedures and public comment requirements. Accessed June 23, 2026. https://www.ssa.gov/OP_Home/ssact/title18/1871.htm
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Regulations.gov. About the Federal Rulemaking Process. U.S. General Services Administration. Accessed June 23, 2026. https://www.regulations.gov
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Federal Register. A Guide to the Rulemaking Process. Office of the Federal Register. Accessed June 23, 2026. https://www.federalregister.gov/resources/learning-center/about-the-federal-register/rulemaking-process
