Issue #293
Sellers Dorsey Digest
July 2, 2026
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Response to CMS State Directed Payment Proposed Rule (CMS-2449): Public Comment Summary and Advocacy Opportunities
Federal News
ACA Marketplace Enrollment Declines After Years of Growth
After several years of record growth, Affordable Care Act marketplace enrollment fell to 19.2 million as of February 2026, a 13% decrease from 2025 and the first year-over-year decline since the first Trump administration. The Department of Health and Human Services attributed the decline in part to program integrity efforts that blocked an estimated 2.9 million ineligible subsidy enrollments, while KFF pointed to the expiration of enhanced premium tax credits at the end of 2025 and resulting premium increases as another contributing factor. HHS estimates improper or fraudulent marketplace enrollment declined from 5.6 million in 2025 to 2.6 million, and KFF projects average enrollment could fall further to 17.5 million by the end of 2026 (Fierce Healthcare, June 29).
Bipartisan Doctors Caucuses Move Closer to MACRA Reform Bill
Efforts to overhaul Medicare physician payment are moving forward as the House GOP and Democratic Doctors Caucuses work to finalize a bipartisan MACRA reform package. The legislation is expected to revise the Merit-based Incentive Payment System, strengthen incentives for Advanced Alternative Payment Models, and improve payment stability while reducing administrative burden for physicians. The proposal comes after years of concerns that the current payment system has contributed to reimbursement instability and financial pressures on physician practices. Lawmakers are still working through potential pay-fors, and it remains unclear whether the legislation will advance as part of a year-end health package or be taken up by the next Congress (Inside Health Policy, June 26).
HHS Announces New Contractor to Oversee TEFCA
The Department of Health and Human Services has announced that a new contractor will provide enhanced oversight to the Trusted Exchange Framework and Common Agreement (TEFCA), the federal government’s national health data sharing highway. The contractor will ensure that providers conform to established policies, conduct reviews of Qualified Health Information Networks (QHINs), and assess connected healthcare organizations. These measures are intended to address concerns within the industry that companies are posing as providers to get access to patient health information through TEFCA. These changes also follow Epic’s lawsuit against Health Gorilla, a health data network, claiming that the network company allowed others to inappropriately access patient medical records for profit through TEFCA and Carequality, another national health data sharing highway.
According to HHS, over 1 billion health records have been exchanged through TEFCA since December 2023, when it launched, growing exponentially under the Trump administration. However, Carequality exceeds 1.5 billion clinical data exchanges per month. HHS hopes that with these new oversight changes, TEFCA will continue to grow. The Office of the National Coordinator for Health Information Technology (ONC) has not yet announced which organization has received the oversight and monitoring contract (Inside Health Policy, June 26).
26 Democratic Officials File Joint Suit Against the HHS over Medicaid Work Requirements
On June 29, a coalition of Democratic officials from 25 states and DC filed a joint lawsuit in Massachusetts, challenging the legality of the work requirements interim final rule, alleging that CMS did not follow regulatory procedures, provided an insufficient time period for implementation, and adopted too narrow a framework for “medical frailty” exemptions. Plaintiffs also argue that the agency failed to address how prior Medicaid work requirement initiatives caused significant coverage declines, as well as taking into consideration how the policy will affect state programs and the healthcare market holistically (Modern Healthcare, June 29).
Steve Walsh Named Next American Hospital Association CEO
Steve Walsh has been named the next president and CEO of the American Hospital Association, succeeding Rick Pollack, who announced his retirement last year. Walsh, who has led the Massachusetts Health and Hospital Association since 2017, will take over this fall as hospitals face federal funding reductions, changing regulations, and reimbursement pressures. He served six terms in the Massachusetts House of Representatives, including as Chair of the House Committee on Health Care Financing. In 2011, he wrote and oversaw passage of Chapter 224, the Commonwealth’s landmark 2012 healthcare reform law, which incentivized alternative payment methodologies and investment in community health while encouraging patient empowerment and primary care. He will lead the nearly 5,000-member organization, one of the nation’s largest healthcare lobbying groups (Modern Healthcare, June 30).
Senator Cassidy Releases Draft Bill for 340B Changes, Seeking Middle Ground
Senator Bill Cassidy released his draft 340B bill on June 25, aiming to find compromise between providers and drug companies participating in the program. The 340B Drug Pricing Integrity and Affordability for Patients (340B for Patients) Act would allow drug companies and hospitals to choose when they receive price reductions on 340B medications, either a discount at the time of purchase or a post-purchase rebate. The upfront discounts would follow the submission of standardized claims to a repository operated by HHS. Retroactive rebates would need to be provided to covered entities within 10 days of the submission of standardized claims data. Senator Cassidy’s bill would also require that covered entities keep a separate drug inventory, establish policies to identify eligible patients, and submit annual attestations of compliance to HHS and drug companies to receive upfront discounts at the time of purchase.
The bill would create an official definition of a 340B patient and limit the number of contract pharmacies used to dispense 340B drugs, among other policies. The 340B program has experienced a turbulent year, with the Health Resources and Services Administration (HRSA) expected to relaunch its controversial pilot program that would shift all drug rebates to post-purchase and the American Hospital Association requesting that the federal government intervene after Eli Lilly terminated 340B pricing for certain participating hospitals that had not complied with the company’s new claims data submission policy. The draft bill could face an uphill battle to pass Congress as midterm elections approach, other pressing bills arise, and Senator Cassidy’s term draws to a close. Several stakeholder groups responded to draft legislation with reservations or outright opposition, citing concerns about financial challenges that hospitals or other covered entities face in providing their patients with access to affordable prescription drugs (Modern Healthcare, June 25; Inside Health Policy, June 25).
House Ways and Means Committee Considers Bill to Change Tax-Exempt Hospital Financial Reporting
On July 1, the House Ways and Means Committee considered the Tax-Exempt Hospital Transparency Act (H.R. 9504). The draft legislation would add additional reporting requirements for non-profit hospitals. For example, tax exempt hospitals would be required to report additional information on their Form 990s, including a description of how it is addressing the needs of the community as identified by the most recent community health assessment; audited financial statements; the organization’s CMS certification number; the value, at cost, of the financial assistance provided during the tax year; and the numbers of completed financial assistance applications received, granted, and denied in the tax year.
Large tax-exempt hospitals and high-revenue tax-exempt hospital organizations must provide information for each hospital facility operated by the organization, in addition to detailing their nonclinical programming and quality improvement programs and initiatives among other new requirements. The American Hospital Association released a statement noting that while the updated legislation is an improvement from the original draft, as it stands H.R. 9504 would result in substantive administrative and financial burdens for many hospitals (House Ways & Means Committee, July 1; American Hospital Association, July 1).
CMS Releases New Healthcare Expenditure Projections
Healthcare spending in the U.S. grew 7.3% in 2025, reaching a total of $5.7 trillion, largely due to spending on hospital services and prescription drugs, according to new data released by CMS. The driving force behind the growth appears to be increased healthcare consumption similar to 2024, according to CMS actuaries. However, spending growth in 2025 exceeded the actuaries’ projections. This was the third consecutive year that U.S. health spending growth exceeded 7%, far beyond overall economic growth. It appears unlikely for this trend to change, as national health spending is projected to grow from 18% of the country’s GDP in 2024 to 20.6% in 2034, reaching $9 trillion.
In the near future, prescription drug spending is expected to have the fastest growth, exceeding spending for physician and clinical services as well as hospital services, driven by the popularity of GLP-1 medications especially in private health insurance and Medicare. Provisions from H.R. 1 last year are expected to slow Medicaid spending growth in 2026. Likewise, spending in private health insurance is expected to moderate as ACA coverage decreases. However, insurers expect that per-enrollee spending will increase as the risk pool becomes smaller and more acute. In contrast, spending in Medicare is expected to have the fastest rate of growth as the population continues to age, with the last of the Baby Boomers aging into the program and the older portion of the generation needing increased support (Healthcare Dive, June 24).
Progressive Policy Groups Release AmericaRx Model, Calling for US-Manufactured Drugs
In a recent report the Groundwork Collaborative and the Vanderbilt Policy Accelerator policy groups, propose the “AmericaRx” model, a publicly owned manufacturing network to produce drugs within the US and reduce foreign dependency and anti-competitive practices due to consolidation. The manufacturing model calls for backing from the federal government and depends heavily on collaboration with states and localities, unlike its predecessors that solely relied on regulations. The report comes as the current administration, policymakers, and stakeholders continue to the debate on how to make generic manufacturing a viable option domestically, without raising costs for beneficiaries, providers, and programs.
The model would require manufacturing to begin at a state or local level and looks at California’s CalRx program as a prime example, as the state was able to partner with a nonprofit manufacturer to bring insulin and naloxone to market. The model also looks to the CHIPS and Science Act, which expanded domestic semiconductor manufacturing in 2022 to respond to technological shifts and supply chain disruptions, as a framework. The AmericaRx model proposes a congressionally funded program with federal oversight, but maintains sufficient operational independence to oversee procurement, contracting, and coordination of a domestic manufacturing facility network (Groundwork Collaborative, June 23; Inside Health Policy, June 26).
State News
Indiana Faces Potential SNAP Cost Shift as Payment Error Rate Remains Elevated
Indiana’s Supplemental Nutrition Assistance Program (SNAP) payment error rate increased slightly to 9.77% in federal fiscal year 2025, remaining below the 10.62% national average but leaving the state at risk of contributing an estimated $143M annually toward SNAP benefit costs beginning in 2027 under changes enacted in H.R. 1 if error rates do not improve. The state may use either its 2025 or 2026 error rate to determine its initial penalty and has added oversight of staff to improve payment accuracy. H.R. 1 also increases Indiana’s share of SNAP administrative costs from 50% to 75% beginning in October 2026. A change the state estimates will cost $47M annually (Indiana Public Media, June 26).
Kentucky Governor Transfers Funding to Support Specialty Clinic After Cuts
Kentucky Governor Andy Beshear has funded the Lee Specialty Clinic in Louisville for FY2027 by transferring $4.5 million from a Capitol Annex renovation project to the clinic. Governor Beshear warned that the funding is a “Band-Aid fix,” with long term support for the clinic in the hands of the state’s General Assembly. In contrast, House Speaker David Osborne laid the blame on the executive branch, claiming that the governor had failed to “prioritize essential programs” and that the legislatively approved budget provided sufficient funding, including funding for Lee Specialty Clinic. Hundreds of Kentucky residents traveled to the Capitol to request that the government provide a bipartisan solution after the clinic discharged more than 1,000 patients and lost 83% of its staff due to rate reductions. The clinic is unique and offers medical, dental, behavioral, and therapeutic services to adults with intellectual and developmental disabilities (Kentucky Lantern, June 25).
Idaho Behavioral Health Council Calls on Legislature to Utilize Opioid Funds for Rural and Frontier Communities
On June 26, the Idaho Behavioral Health Council solidified its recommendations to the Idaho Legislature on the usage of the state’s opioid settlement fund, to prioritize prevention services and behavioral health support for high-risk populations in rural and frontier areas. Through a solicitation for public input, the council received 46 project proposals, and the council is set to make high level recommendations to the legislature and governor based on these. Top priorities include prevention programs and behavioral health support for first responders, followed by workforce development and treatment (News From The States, June 26).
SPAs and Waivers
From June 26 through July 1, there were no SPAs or waivers approved by CMS.
Most Read - June
CMS Releases Rule Implementing Medicaid Community Engagement Requirement
On June 1, 2026, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule implementing the Medicaid community engagement requirement established under federal law. Beginning January 1, 2027, states generally must require certain non-pregnant adults ages 19 to 64 enrolled in the Medicaid expansion population or certain Section 1115 demonstration programs to complete at least 80 hours per month of work, education, community service, or other qualifying activities as a condition of Medicaid eligibility. CMS estimates the requirement will apply in 43 states and the District of Columbia.
The rule also establishes several exemptions and state options designed to limit the requirement’s application to certain populations. Exemptions are available for groups including pregnant and postpartum individuals, former foster care youth, American Indians and Alaska Natives, certain caregivers, medically frail individuals, and veterans with total disability ratings. States may also elect to provide short-term hardship exceptions under specific circumstances, including medical treatment, disasters, and high unemployment.
In addition to defining eligibility standards, the rule outlines new operational responsibilities for states. States must verify compliance at application and renewal and may conduct additional checks between renewals. Certain new applicants must satisfy the requirement before applying, while existing beneficiaries must demonstrate compliance between renewals. Individuals who lose coverage due to noncompliance may reapply at any time and be reassessed for eligibility. The rule is effective July 31; CMS will also accept comments on the rule through July 31. For a more detailed review of the rule’s provisions and potential state implementation considerations, see Sellers Dorsey’s full summary of CMS-2454-IFC (CMS, June 1).
Georgetown Study Finds 2M Children Have Dropped Out of CHIP and Medicaid Since Last January
A recent study published by Georgetown University’s Center for Children and Families, based on their state-by-state enrollment tracker, found that 2 million fewer children were enrolled in Medicaid and CHIP compared to when President Trump took office in January 2025. The findings align with federal data showing a 4% decline in enrollment, about 1.5 million children, within a one-year period. According to a recent Congressional Budget Office (CBO) report, 3 million children may drop from Medicaid over the course of a decade, not taking CHIP enrollment changes into consideration (Fierce Healthcare, June 4).
House Passes Several Bills Related to Fraud, Waste, and Abuse Prevention
On June 10, the House passed H.R. 8464, titled the Stopping Fraudulent Payments Act, with six Democrats joining their Republican colleagues in voting for the bill. The legislation aims to shift the government to a proactive approach towards fraudulent healthcare payments by requiring agencies to take corrective action before disbursing payments that may be at risk of fraud. If a similar risk of fraud is detected, the Treasury would also be required to return payments to an agency for corrective action. The Congressional Budget Office (CBO) estimates that H.R. 8464 will cost about $25M to implement, with an unknown amount of savings. A related bill also passed the House last week (H.R. 8312) which would create a new Office of Inspector General for Fraud, Waste and Abuse and transfer funding and authority from the Pandemic Response Accountability Committee. The CBO did not offer a concrete estimate of savings but did state that H.R. 8312 would cost around $18M to implement. Two other bills related to fraud, waste, and abuse in government programs passed the House on suspension. The bills now move to the Senate (Inside Healthy Policy, June 10).
HHS Announces Over Two Dozen New Behavioral Health Funding Opportunities
On June 17, HHS Secretary RFK Jr. announced a series of funding opportunities in alignment with President Trump’s EO 14379, which established the Great American Recover Initiative to address the nation’s mental health and substance use disorder (SUD) crises. The funding opportunities span across improvements of community-based treatments, rural health programs, crisis response services, and tribal and youth-focused initiatives, including:
- $96M for the Safety Through Recovery, Engagement, and Evidence-based Treatment and Support (STREETS) Program to develop a collaborative community-based care system for unhoused individuals who have SUDs) serious mental illnesses (SMI) or co-occurring disorders. Funding for the STREETS program is drawn from four previous Substance Abuse and Mental Health Services Administration (SAMHSA) grants.
- $223.1M to sustain existing Certified Community Behavioral Health Clinics (CCBHCs) and support the establishment of new clinics to serve underserved populations.
- $238.6M to support Local 988 and Suicide Crisis Lifeline and service improvements for high-risk populations.
- $80M to support rural emergency medical services and expansion of treatment options for individuals, youth, and families affected by SUDs.
- Over $70M to expand support to American Indian and Alaska Native communities through comprehensive community-based mental health services and programs addressing the needs of at-risk youth.
Several of the highly anticipated grants were excluded from this release, including the Mental Health Awareness Training and Mental Health First Aid grant, Emergency Department Alternatives to Opioids, and the Assertive Community Treatment grant. The HHS has not yet provided comments on the delay or possible omission (HHS, June 17; Inside Health Policy, June 18; Inside Health Policy, June 18).
Appropriations Committee Votes to Block CMS WISeR Model Demonstration
On June 9, the House Appropriations Committee voted to prohibit CMS from using funds to implement the Wasteful and Inappropriate Services Reduction (WISeR) model, or similar interventions that would impose prior authorization requirements on traditional Medicare. Upon its announcement last June, the AI-powered model received significant backlash from provider organizations and Democratic legislators, who pushed for a resolution in May to block the WISeR model. That resolution would have invoked the Congressional Review Act, requiring that the model receive congressional approval before implementation. In an amendment added to the HHS’ appropriation bill, the legislators expressed concerns around increased burdens and delays for both patients and providers, and called on CMS to provide fiscal year 2028 congressional justification for the pilot’s expected impacts and how participating states are chosen (Fierce Healthcare, June 9).