ICYMI: Cooperation Is the Key to MAHA
Working with industry will get us there faster than blunt-force regulation.
As Originally Published in the Wall Street Journal Opinion By Marty Makary and Mehmet Oz
The Food and Drug Administration and the Consumer Brands Association have reached an agreement to phase artificial colors out of the food and beverage industry by the end of 2027. Kraft Heinz, WK Kellogg, General Mills, J.M. Smucker, Hershey and Nestlé have already made the same public commitments in recent weeks. Sunsetting the ultra-processed food staple didn’t happen because the FDA went on a regulatory spree—instead the agency used its convening authority.
The Centers for Medicare and Medicaid Services have also used their convening power to tackle pre-authorizations—a decadeslong issue for many Americans. CMS has now secured commitments from health-insurance companies who cover some 80% of American lives to streamline the burdensome pre-authorization process. Insurance companies agreed to standardize electronic submissions and reduce the volume of medical services subject to prior authorization. As a result, it will soon be easier to schedule common medical services such as diagnostic imaging, physical therapy and outpatient surgery.
These are two of many examples of the Health and Human Services Department achieving Trump administration priorities through direct negotiation with the private sector. As regulators, we could have approached our goals through the traditional rulemaking process. But that route would have taken years, may not have been as far reaching and could have stalled out like many other aspirations. As doctors, we have no patience for wasting time when it comes to the biggest healthcare issues facing Americans.
Working with industry is the best place to start. And we believe in industry to do the right thing when called upon. Our approach—inspired by President Trump and led by Health and Human Services Secretary Robert F. Kennedy Jr.—is to invite companies to the table, persuade them of the public interest and recognize the ones that cross the finish line. Our agencies are in a strong position to show Americans which companies are doing the right thing when it comes to popular reforms. By the time we’re done, we will have built new relationships and be better positioned to hold them accountable.
The problem with prescriptive regulation is that it often puts more power in the hands of bureaucrats than society is willing to tolerate. As agency leaders directly accountable to the president, our cabinet secretary and Congress, we answer to the public. Market solutions keep the power in the hands of the public. That keeps us focused on results.
As we continue our work to Make America Healthy Again, we are seeing areas where our regulatory authorities are a blunt instrument that should be held in reserve. We can better serve the public by using our convening power to drive meaningful change that is nimble, durable and faster. We not only reserve our right, but remain committed, to use our regulatory authority to ensure that change endures.
Much of our work will continue to result from successful negotiations with the large segments of the U.S. economy we regulate. The response to our invitation to come to the table and improve outcomes for consumers, patients and clinicians has been overwhelming. Everyone wins when the government leads with purpose instead of paperwork.
Dr. Makary is the commissioner of the U.S. Food and Drug Administration. Dr. Oz is the administrator of the Centers for Medicare & Medicaid Services.