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The following is the latest health policy news from the federal government for August 21-27.  Some of the language used below is taken directly from government documents.

Congress

The House will return from recess next Monday, August 31 and the Senate returns on September 14. Funding for the federal government expires after September 30.

H-1B Visas

The Department of Homeland Security has issued a notice of proposed rulemaking calling for a $103,265 fee for all H-1B cap-subject petitions for visas, including those eligible for the advanced degree exemption.  The proposed fee would be paid at the time of filing and would be imposed in addition to other applicable fees or payments.  Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain non-profit research organizations, governmental research organizations, and institutions of higher education.  Visa renewals and current holders already inside the system would generally be spared from this requirement.  If implemented, the rule would benefit teaching facilities and create significant financial burdens for independent, community, and rural providers seeking to recruit physicians, nurses, and other low-supply providers.  Learn more from this Department of Homeland Security news release and the notice of proposed rulemaking.  The deadline for submitting written comments in response to the proposed rule is September 24.

Centers for Medicare & Medicaid Services (CMS)

  • CMS has posted two notifications addressing the certification of hospitals as Critical Access Hospitals.  In the first, it has allowed to expire a policy statement presenting a recertification checklist for the evaluation of compliance with the location and distance requirements for determining Critical Access Hospital status.  Find the expired documents here.  In the second, a new memo to state survey agencies presents guidance on how CMS staff will now, in the interest of nationwide consistency, apply rural and distance requirements to determine whether applicant hospitals merit Critical Access Hospital status.  Find that memo to state survey agencies here.
  • CMS’s six-month temporary moratorium on accepting Medicare supplier enrollment applications, which took effect on February 27, has expired as of August 27, 2026.  The agency is again accepting initial enrollment applications from Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) suppliers.  Learn more from this CMS announcement.
  • CMS has posted a bulletin presenting the October 2026 update to Healthcare Common Procedure Coding System (HCPCS) codes used for skilled nursing facility consolidated billing enforcement.  Find the bulletin here.  The changes it presents take effect on October 1.
  • CMS has posted a bulletin presenting the October 2026 quarterly update of its Clinical Laboratory Fee Schedule, Clinical Laboratory Improvement Amendments (CLIA), Healthcare Common Procedure Coding System (HCPCS) codes, waived tests, and reasonable charge payments.  Find the bulletin here.  The changes it presents take effect on October 1.
  • CMS is seeking permission from the Office of Management and Budget (OMB) to introduce new data collection about inpatient services provided by hospitals through the Acute Hospital Care at Home program.  The agency has developed a proposed tool to quantify the mix and intensity of these services for the purpose of analysis, as required by the Consolidated Appropriations Act of 2026, including the number of clinician visits, food services, and pharmacy services provided to patients while participating in the program.  Learn more about the proposed data collection from this CMS notice.  The deadline for submitting comments is October 26.
  • CMS has posted an update describing the blanket waivers, modifications, and other flexibilities that are in effect for health care providers through the end of the Washington state wildfires public health emergency.  Learn more from the CMS document “Washington State Wildfires – Available Waivers for Washington State Health Care Providers.”
  • CMS has established a formal electronic clinical quality measure (eCQM) addendum process for eCQMs used in its hospital inpatient, hospital outpatient, and eligible clinician quality reporting programs.  This process will support the timely resolution of high-impact issues identified after publication of the eCQM annual update release.  Through this process, CMS may provide updates to published measure specifications and/or supporting documentation without requiring re-publication of the full annual update.  Addenda may be used to correct technical errors; clarify implementation guidance; or address issues that significantly affect measure calculation, reporting, or implementation.  Learn more about this process and find the first addendum under it from this CMS announcement.
  • CMS has announced the availability of Research Identifiable Files for its Increasing Organ Transplant Access (IOTA) Model.  This release contains data up to June 30, 2026.  Learn more from this CMS announcement and find data for the IOTA model and other models on the CMMI Model Data Sharing Model Participation Data Initiative page.
  • CMS has developed and published the 2027 eCQM flows to its Electronic Clinical Quality Improvement (eCQI) Resource Center.  These eCQM flows supplement hospital inpatient and hospital outpatient eCQM specifications for the 2027 reporting period and eligible clinician eCQMs for the 2027 performance period.  Learn more about these flows and find links to them in this CMS announcement.
  • CMS has added the following item to its Quality Payment Program resource library.  (Note:  clicking this may give a prompt to download a file that may be a zip file.)

Department of Health and Human Services (HHS)

  • HHS has issued a request for information (RFI) seeking public input on the categories used in federal vaccine recommendations and the role of shared clinical decision-making.  Specifically, HHS seeks input on whether the three categories currently used in federal vaccine recommendations – routine (universal), risk-based, and shared clinical decision-making – are adequate, clear, and well understood.  HHS seeks comment on these categories and whether additional or different categories should be adopted and on the considerations that should be relied upon in setting vaccine recommendations.  Learn more about the RFI and the feedback HHS seeks from this HHS news release and the RFI itself.  The deadline for submitting comments is September 20.
  • HHS’s Office of the Inspector General (OIG) has issued a favorable opinion in response to a proposed arrangement in which a non-profit, tax-exempt charitable organization would provide certain patient assistance.  Find that opinion here.
  • HHS’s Organ Procurement and Transplantation Network (OPTN) has approved policy changes related to donation after circulatory death that strengthen protections for potential donor patients throughout the donation after circulatory death process.  The changes establish clearer patient safety protections, enhance information provided to potential donor families, and promote greater consistency and accountability.  Learn more from this OPTN announcement.

Rural Health Transformation Program Funding

In recent weeks CMS has announced that it has awarded Rural Health Transformation Program money to the following states:

  • To Alabama, $144 million to improve mental health, substance abuse, emergency, and maternal care and to expand the health care workforce
  • To Alaska, $160 million to bring cutting-edge technology, drone prescription deliveries, surgical robotics, and more to the state
  • To Georgia, $93.3 million to expand telehealth services, advance surgical robotics, and transform rural health care access
  • To North Dakota, $1 million to launch the “Coordinating and Connecting Care Initiative”
  • To Ohio, $3.15 million to strengthen pharmacy connectivity and improve care across rural communities
  • To Pennsylvania, $35 million to advance screening technology, secure additional operating rooms, and modernize rural health care
  • To South Dakota, $90 million to modernize and improve IT and interoperability
  • To West Virginia, $4.2 million to expand medical transportation and improve patient access to care.

Medicaid State Plan Amendments

CMS has approved state plan amendments for Medicaid and CHIP programs for the following states:

  • Alaska, updating the language of categorical determinations under the state’s Pre-Admission Screening and Resident Review program
  • Arkansas, establishing coverage and payments for inpatient residential treatment for substance use disorders for individuals under 21 years of age
  • Louisiana, amending provisions governing substance use disorder services
  • Nebraska, adding certified lactation consultants to the Prenatal Plus Program
  • New Jersey, implementing supplemental payments for physicians and other eligible professional practitioner services
  • Utah, updating outpatient and physicians fee-for-service supplemental payment methodologies

Health Policy Newsletters, Reports, and Videos

Medicare Payment Advisory Commission (MedPAC)

In anticipation of the start of its 2026-2027 public meeting cycle next month, MedPAC has published a summary of its anticipated analytic agenda for that period.  The major components of that agenda are:

  • recent trends in Medicare Part D spending
  • the processes and information involved in beneficiary enrollment in Medicare
  • the effect of Medicare’s quality measurement and value-based purchasing programs on quality and value
  • the adequacy of Medicare fee-for-service payments and payment recommendations for the upcoming year
  • further analysis of the Medicare Advantage program

Learn more from this MedPAC message to its constituents.

Stakeholder Events

CMS – Healthcare Advisory Committee – August 31

The Healthcare Advisory Committee, created by HHS and CMS to provide non-binding recommendations on modernizing and improving the health care system, will hold its next public meeting virtually on Monday, August 31 at 8:00 (eastern); registration is not required.  The deadline for submitting comment letters is August 18.  Learn more about the committee, its work, and how to submit comment letters from this formal notice and from the committee’s web site.  Webinar information will appear on the meeting’s agenda, which will be posted here; the agenda for the August 31 meeting has not yet been posted.  Additional meetings have been scheduled for November 19; February 22, 2027; and May 10, 2027.

MedPAC – Commissioners Meeting – September 3-4

MedPAC’s commissioners will hold their next public meeting virtually on Thursday, September 3 and Friday, September 4.  An agenda for the meeting and information about how to participate has not yet been posted; when they are, they will be found here.

HHS/Office of the Assistant Secretary for Planning and Evaluation – Physician-Focused Payment Model Technical Advisory Committee Meeting – September 14-15

HHS’s Physician-Focused Payment Model Technical Advisory Committee (PTAC) will hold a public meeting on Monday, September 14 and Tuesday, September 15 to seek stakeholder input on its draft white paper “Transforming Health Care Delivery Through Value-Based Payment Models and Care:  A Roadmap.”  The paper presents a roadmap for advancing the development and implementation of Alternative Payment Models (APMs) that supports the transformation of the health care system toward high-value, patient-centered care.  Go here to learn more about the meeting, its agenda and schedule, the people who will be making presentations, and how to participate by making a public comment.

CMS – PEPPER Training for Home Health Agencies and Partial Hospitalization Programs – September 24

On Thursday, September 24 at 1:00 (eastern), CMS will hold a webinar to provide training for home health agencies and partial hospitalization program facilities on how to access, interpret, and use their latest PEPPER (Program for Evaluating Payment Patterns Electronic Report) report to support data-driven decision-making.  Go here to register to participate.

MACPAC – Commissioners Meeting – September 24-25

MACPAC’s commissioners will hold their next public meeting on Thursday, September 24 and Friday, September 25.  An agenda for the meeting and information about how to participate has not yet been posted; when they are, they will be found here.

CMS – PEPPER Training for Skilled Nursing Facilities – September 29

On Tuesday, September 29 at 1:00 (eastern), CMS will hold a webinar to provide training for skilled nursing facilities on how to access, interpret, and use their latest PEPPER (Program for Evaluating Payment Patterns Electronic Report) report to support data-driven decision-making.  Go here to register to participate.

CMS – 2026 CMS National Provider Enrollment Conference – November 18-19

CMS will hold a national provider enrollment conference on Wednesday, November 18 and Thursday, November 19 in Kissimmee, Florida.  The event will provide direct access to the staff responsible for shaping and administering Medicare provider enrollment.  Through keynote presentations, panel discussions, interactive Q&A sessions, and expert-led training, participants will gain insight into enrollment policy, program integrity initiatives, compliance requirements, operationally friendly best practices, and upcoming changes affecting the Medicare provider enrollment landscape.  Learn more from this CMS conference notice.