Issue #297

Sellers Dorsey Digest

July 30, 2026

Digest Featured | Coffee with a Colleague
VIDEO BLOG

Coffee with a Colleague: D-SNP Integration for Health Plans and How to Bridge the Medicare-Medicaid Gap

CMS and states are accelerating efforts to integrate Medicare and Medicaid. Health plans now face new expectations to move beyond traditional D-SNP models and deliver coordinated care for dual-eligible members. In our latest Coffee with a Colleague, Sellers Dorsey Senior Director Joe McGrath talks with former health plan executive Karen Brach to break down where organizations are facing challenges in bridging Medicare and Medicaid, and why aligning provider incentives is a key factor for successful integration.

Federal News

HHS Appeals Court Ruling Vacating ACA Marketplace Rules

On July 21, the Department of Health and Human Services filed an appeal with the 4th Circuit Court of Appeals to reverse a decision made by the US District Court of Maryland in June regarding CMS’ Marketplace Integrity and Affordability final rule. Prior to the June ruling, the court stayed several provisions in August 2025 before they went into effect. In the most recent decision, the District Court judge vacated several provisions of the final rule, including: $5 premium penalties for automatic reenrollment; shorter open enrollment periods; more stringent eligibility checks and higher income verification standards; rescinding guaranteed coverage of certain individuals with overdue premiums; and others. The federal government is appealing the June decision, arguing that these policies are essential to reduce potential fraud, waste, and abuse in the ACA Marketplace. Separately, the District Court of Maryland blocked additional ACA Marketplace provisions in a separate rule published by CMS earlier this year from going into effect, with a large overlap in plaintiffs for both cases  (Modern Healthcare, July 23; Healthcare Dive, July 24).

No Surprises Act IDR Caseload and Resolution Trends

The federal Independent Dispute Resolution process under the No Surprises Act received 1.43 million disputes through May 2026, 46% more than during the same period in 2025, while 1.36 million cases were resolved. Since the process began in 2022, 6.3 million disputes have been submitted and 5.9 million have been completed, a volume nearly 70 times higher than initially projected. Providers submit most disputes and prevail in about 80% of cases, receiving payments of up to five times the average contracted rate, according to the Congressional Budget Office. CMS has paused the process following court rulings, added a 16th arbitrator, and finalized a new submission platform intended to identify ineligible claims. CMS has also reported that about one in five resolved cases may not have qualified for the process (Modern Healthcare, July 22).

Federal Appeals Court Requires HHS Approval for 340B Rebate Models

The U.S. Court of Appeals for the District of Columbia Circuit upheld a ruling that drug manufacturers cannot implement 340B rebate models without approval from the HHS secretary. In reaching its decision, the court found that Section 340B requires HHS to authorize a rebate mechanism before manufacturers may replace upfront discounts with after-the-fact rebates and concluded that the agency properly directed manufacturers to await approval. The court did not address the legality of HHS’ proposed 340B rebate pilot program. The case is part of an ongoing dispute over manufacturers’ use of rebate models, which drugmakers view as a way to improve oversight of discounts, and hospitals oppose (Fierce Healthcare, July 23).

Trump’s CDC Lead Nominee Wins Senator Cassidy’s Favor

President Trump’s nominee to lead the CDC, Dr. Erica Schwartz, has officially earned the support of Senator Bill Cassidy, who is expected to hold the Senate Health Committee’s deciding vote. Following her hearing where Cassidy grilled her on whether or not she aligns herself with RFK Jr.’s views about vaccines, the HHS updated CDC’s autism and vaccines web page with a statement that says, “scientists have not identified the root causes of autism.” For almost a year, the CDC has been run on an acting basis, with President Trump having a hard time finding a nominee that the Senate will allow (New York Times, July 23).

CMMI Looks to Utilize Rapid Cycle Model Testing

Speaking at a July 22 Alliance for Health Policy event, a top official from the Center for Medicare and Medicaid Innovation (CMMI) announced that it is looking to expand mandatory payment model usage for demonstrations related to prevention, patient empowerment and competition, with rapid-cycle testing. CMMI looks to advance models that focus on primary care, increasing support to patients outside doctor’s offices, and Medicare Advantage choice and competition, including the Long-term Enhanced Accountable-care and Delivery (LEAD) and ACCESS models (Inside Health Policy, July 23).

State News

Kentucky Governor Reverses Medicaid Rate Cuts

Kentucky Governor Andy Beshear announced that there will not be a 4% rate cut to Medicaid providers in August. Due to higher than expected revenue collections from the corporate income tax and other budget surpluses, $225M can be directed to the Medicaid program through FY2027 to prevent rate reductions. Additional revenue surpluses will provide $4M for the Nutrition Program for the Elderly and fully fund all authorized Michelle P. Waiver program slots to serve individuals with intellectual and developmental disabilities. The Secretary of the Cabinet for Health and Family Services along with the Governor noted that long-term funding challenges still need to be addressed (Kentucky Lantern, July 22; WKDZ, July 22).

Alabama Officials Seek Delay of H.R. 1 SNAP Policy

In Alabama, Department of Human Resources (DHR) officials are seeking a two-year delay of the Supplemental Nutrition Assistance Program (SNAP) error rate cost sharing requirement put into place by H.R. 1 last year. Starting October 1, 2027, states with SNAP payment error rates above 6% will need to begin paying for a percentage of the program’s benefits, something that states have previously never had to account for. Over the first five months of FY2026, Alabama’s error rate was 9.55%. However, states with very high error rates of 20% or higher have an additional two years to bring their rates below 6%. The SNAP Director received approval from the DHR board to ask the state’s Congressional representatives to delay the H.R. 1 policy. Alabama’s current SNAP enrollment is approximately 650,000, nearly half of which are children (Alabama Reflector, July 24).

Wisconsin Extends Postpartum Medicaid Coverage to 12 Months

Wisconsin began extending postpartum Medicaid coverage from 60 days to 12 months in July. Under the new policy, the Wisconsin Department of Health Services estimates that about 16,000 Medicaid beneficiaries will receive extended coverage over the next year. Medicaid currently covers approximately two in five births in the state, and officials said the extension is intended to reduce coverage gaps and support access to physical and behavioral health services during the postpartum period. The policy also responds to concerns that nearly half of pregnancy-related deaths occur within one year after pregnancy. With the change, Wisconsin became one of the last states to adopt a 12-month postpartum coverage period (Civic Media, July 20).

Connecticut Governor Looks to Extend ACA Subsidies in 2027

Governor Ned Lamont announced his intent to extend ACA subsidies beyond 2027. This year, the state is covering enrollees whose enhanced federal subsidies expired, including individuals whose incomes are between 100 to 200% FPL, with $115M in funding from an emergency response fund. The extension is also supported by State Representative Josh Elliot, his Democratic opponent in the upcoming gubernatorial race, who has also promised a long-term replacement plan; while the Republican nominee, State Senator Ryan Fazio opposes the idea. One of Governor Lamont’s ideas includes a proposed tax on large companies whose employees utilize Medicaid for healthcare, which could bring in about $100M in revenue. State legislators look to be split in their support to commit to continued year-over-year assistance, due to surging healthcare costs. Connecticut is one of seven states that have used state dollars to offset the loss of federal subsidies (CT Mirror, July 23).

Arizona Proposes Changes in Section 1115 Waiver Renewal Request

With its current Section 1115 demonstration approved through September 30, 2027, Arizona is seeking a five-year renewal covering October 1, 2027, through September 30, 2032. The request would continue Arizona’s statewide managed care model and existing demonstration authorities while proposing several key changes. Among those changes, Arizona is seeking to expand reimbursement for Traditional Health Care Practices provided through Urban Indian Organizations by removing the requirement that an Indian Health Service or Tribal 638 facility initiate the care coordination agreement. Proposed H2O revisions would clarify provider requirements, remove references to certain service and training models, and allow Arizona to refine qualifying chronic health conditions based on program data without expanding the program’s population, enrollment caps, or overall scope. For children receiving home and community-based services, the state is requesting up to 28 days to complete Extraordinary Care Reviews, compared with the current seven-day timeframe and possible 14-day extension. Urgent reviews would remain subject to a 72-hour deadline, and members would continue receiving approved service levels while reviews are underway.

The remaining changes address behavioral health, program financing, and eligibility administration. Arizona plans to seek separate authority before July 2027 for an Enhanced Residential Treatment Pilot Program serving adults with serious mental illness. The state would sunset Targeted Investments 2.0 after its federal financing mechanism ends. The renewal further proposes eliminating Hospital Presumptive Eligibility because of limited use and requiring documentary or electronic verification of residency rather than accepting self-attestation when verification is unavailable. State-law directives for both eligibility changes are scheduled to repeal after June 30, 2027, unless the legislature takes further action. Separate from the new proposals, the Five-Year Lifetime Limit and Institutions for Mental Disease requests remain under CMS review as carryover requests (Arizona Health Care Cost Containment System, July 23).

SPAs and Waivers

SPAs

  • Services
    • Colorado (CO-26-0003, effective January 1, 2028): Establishes payment methodology for Community Health Workers (CHW) through Health First Colorado.
    • New Jersey (NJ-26-0002, effective April 1, 2026): Adds Community Palliative Care as a preventative services benefit.
  • Payment
    • Alaska (AK-26-0004, effective July 1, 2026): Updates payment methodology of Wholesale Acquisition Cost (WAC) rates for out-of-state pharmaceutical providers through a -2% weighted cost of acquisition modification, which will result in about 500K in federal fiscal savings per FY.
    • Arizona (AZ-25-0026, effective October 1, 2025): Updates payment methodology for outpatient Differential Adjusted Payment (DAP).
    • Georgia (GA-25-0015, effective May 15, 2026): Aligns payment methodology with federal school-based services (SBS) guidance.
    • Massachusetts (MA-25-0023, effective September 1, 2025): Updates payment methodology for the children’s behavioral health initiative, and adds information about the new Family-based Intensive Treatment (FIT) services.
    • New York (NY-25-0035, effective April 1, 2025): Establishes across-the-board increases to nursing homes.
    • North Dakota (ND-25-0003, effective January 1, 2026): Updates payment methodology for long-term ambulatory electrocardiogram monitoring services to 100% of the Medicare physician fee schedule.
    • North Dakota (ND-25-0007, effective January 1, 2025): Updates payment methodology for prescribed drugs for certain provider types.
    • Ohio (OH-25-0026, effective January 1, 2026): Updates payment methodology for pregnancy and prenatal services and sets up reimbursement for pharmacists and clinical psychologists who provide professional services in hospital settings.

Sellers Dorsey Updates

Summary of CMS Proposed Rule (CMS-2452-P): Amending the Indirect Hold Harmless Threshold of Health Care-Related Taxes

CMS released the proposed rule “Medicaid Program: Amending the Indirect Hold Harmless Threshold of Health Care-Related Taxes" (CMS-2452-P), proposing to replace the current 6% indirect hold harmless threshold with state-specific thresholds based on tax structures enacted and imposed as of July 4, 2025. The CMS Office of the Actuary estimates that the proposed rule, if finalized, will reduce Federal expenditures by $246B over a 10-year period. CMS is accepting public comments on the proposed rule through September 21, 2026. Sellers Dorsey summarized the rule, including its key provisions and implications for states and providers.

Latest Digests

Sellers Dorsey Digest
HCBS ADvancing States Webinar | Gary Jessee

Issue #298

Read More

Sellers Dorsey Digest
Digest Featured | Coffee with a Colleague

Issue #297

Read More

Sellers Dorsey Digest
Digest Feature | CMS Special Coverage

Issue #296

Read More

Sellers Dorsey Digest
Constyn Blog | MCOs & Tech-Enabled Innovation

Issue #295

Read More