Issue #299

Sellers Dorsey Digest

August 13, 2026

Digest Feature | CMS Special Coverage
NEW SUMMARY

SUSTAIN 340B Bill: Supporting Underserved and Strengthening Transparency, Accountability, and Integrity Now and for the Future of 340B

On August 5, a bipartisan group of senators released a bill intended to reform the 340B drug program. This legislation follows growing interest in reshaping the drug discount program, with the Trump administration seeking to test a pilot where discounts are shifted from point-of-sale to manufacturer rebates after purchase. The bill would establish a comprehensive framework for the 340B program, including codified protections for covered entities alongside additional oversight, accountability, and transparency requirements. If you didn’t have time to read the bill in its entirety, Sellers Dorsey summarized the proposed legislation with a section-by-section breakdown.

Federal News

Todd Blanche Sworn in as U.S. Attorney General

On August 10, Todd Blanche was sworn in as attorney general (AG), following a 50-49 Senate confirmation vote. As AG, Blanche will lead the Department of Justice and efforts relating to vaccine policy, Medicaid fraud, waste, and abuse, and abortion. Blanche confirmed that he would pursue legal action in the prevention of abortion access, including telehealth care that facilitates the prescription and mailing of abortion pills. At his confirmation hearing last month, the new AG said he would not defend the previous administration’s expansion of access to mifepristone, an abortion medication (Inside Health Policy, August 10).

American Hospital Association Calls for RHTP Funding Cap Removals

On August 5, the American Hospital Association (AHA) sent a letter to CMS Administrator Mehmet Oz calling for the removal of Rural Health Transformation Program (RHTP) funding caps, arguing that the 15% provider payment funding cap and 20% infrastructure and capital improvement caps restrict states’ ability to sustain and modernize rural hospitals. The AHA also requests that CMS allow states to revise their initial applications and allow for a longer period to spend dispensed funds, given the short timeline of 2 months that states were given for their application (Inside Health Policy, August 10).

ACA Enrollment Declines as CMS Tightens Enrollment Oversight

ACA Marketplace enrollment declined by nearly 3 million to about 19.2 million in 2026. The Trump administration has linked the decline to efforts to identify and remove improper enrollments, citing an HHS report that estimated 5.6 million people were improperly enrolled in 2025 and that 2.9 million have since been removed. Other health policy experts have pointed to higher consumer costs as another factor, with average monthly premiums increasing 58% from 2025 to $178 and deductibles rising 37% to nearly $3,800, according to KFF. Since 2025, regulators have also removed about 1.5 million people for other reasons, including unmet tax-filing requirements and concurrent enrollment in programs such as Medicaid. Alongside these enrollment removals, CMS is implementing additional identity verification requirements for brokers and reviewing accounts identified as potentially unauthorized (Modern Healthcare, August 7).

Eight States Plan Stricter Medicaid Work Requirement Verification

At least eight states are planning to implement Medicaid work requirement policies in January 2027 that are stricter than the federal minimum, including Arkansas, Idaho, Indiana, Iowa, North Carolina, North Dakota, Ohio, and Utah. Under federal policy, states may accept self-attestation of medical frailty throughout 2027, with verification of those exemptions beginning in 2028. Rather than using that one-year self-attestation period, the eight states will require documentation earlier. The requirements are part of the federal Medicaid work requirement policy enacted under H.R. 1, which generally requires adults eligible under Medicaid expansion to work, volunteer, or participate in education for at least 80 hours per month. The policy applies to about 21 million Medicaid expansion enrollees, and nonpartisan analysts have estimated it could result in at least 5 million people losing Medicaid coverage over 10 years. As states prepare for implementation, those adopting earlier verification requirements have cited program integrity and administrative consistency, while health policy experts and advocates have raised concerns that documentation requirements could create additional barriers for medically frail enrollees, particularly in areas with provider shortages (Politico, August 10).

CMS Ends Medicaid, CHIP Funding for Gender-Related Care for Minors

On August 11, CMS finalized a rule ending federal Medicaid and CHIP funding for certain gender-related medical interventions for children and youth, including puberty blockers, cross-sex hormones, and surgical procedures. CMS said the policy follows an HHS review that identified evidence of gaps and safety concerns related to these treatments. As part of the transition, federal funding will remain available for up to six months after its effective date for children currently receiving hormone therapy to taper-off treatment and does not affect Medicaid EPSDT or CHIP coverage of mental health services. The restriction applies only to federal Medicaid and CHIP funding and is scheduled to take effect October 13, 2026 (CMS, August 11).

State News

Indiana Releases Pre-Screening Tool Ahead of Work Requirement Implementation

On August 9, the Indiana Family and Social Services Administration (FSSA) released a Healthy Indiana Plan (HIP) Work Requirements Pre-Screening Tool for members to check their eligibility or exemption from work requirements. Additionally, beginning July 21, the state will periodically text HIP members with general information about work requirements. In partnership with Covering Kids & Families, FSSA will host public town halls to spread awareness, beginning on August 17 (Indiana Capital Chronicle, August 9).

New Jersey Expands Microtransit Funding

New Jersey Governor Mikie Sherrill signed legislation expanding the state’s senior citizen and disabled resident transportation assistance program to include county-run on-demand microtransit services. Under the new law, counties can use funding from the program, which has about $56M in the state budget this year, to support shared transportation that allows riders to request pickup and drop-off locations by phone or mobile app. Similar microtransit programs are already operating in areas including Passaic, Trenton, Bergen, and Monmouth counties.

The law also requires programs receiving funding through the initiative to classify drivers as employees rather than independent contractors (New Jersey Monitor, August 10).

Indiana Proposes HIP 3.0 Medicaid Changes

Indiana is proposing changes to its Healthy Indiana Plan (HIP) that would add new cost-sharing requirements for Medicaid expansion adults and give the state authority to limit enrollment if program funding becomes insufficient. Under the proposed HIP 3.0 waiver, most affected enrollees could face point-of-service copayments capped at 5% of family income, with lower copayments for completing certain preventive services. Use of the emergency department for non-emergencies would carry a $35 copayment, while services provided through certain safety-net providers would be exempt.

The proposal would not apply to pregnant women, children, or older adults and people with disabilities covered through other Medicaid programs. Indiana is seeking to launch HIP 3.0 on October 1, 2027, and is accepting public comments on the waiver proposal through September 4 (Indiana Capital Chronicle, August 11).

SPAs and Waivers

SPAs

  • Services
    • Florida (FL-25-0002, effective January 1, 2025): Updates the four walls exception clinic service pages.
    • Montana (MT-26-0001, effective May 9, 2026): Adds a description of Home Support Service (HSS) group services and updates payment methodology of Comprehensive Behavioral Health Treatment (CBHT) from per diem to per 15-minute unit.
    • Oklahoma (OK-26-0008, effective January 1, 2025): Establishes a separate program to cover screening and diagnostic services and targeted case management (TCM) services for juveniles who are incarcerated post-adjunction and would have otherwise been eligible for Medicaid coverage.
    • Utah (UT-26-0006, effective July 1, 2026): Removes outdated Targeted Case Management (TCM) service and payment provisions for HMO enrollees.
  • Payment
    • Arizona (AZ-24-0010, effective October 1, 2024): Updates the disproportionate share hospital (DSH) pool 5 amounts and participant hospital list.
    • Michigan (MI-25-0017, effective October 1, 2025): Updates payment methodology for speech and oral function therapy.
    • Minnesota (MN-26-0005, effective January 1, 2026): Updates payment methodologies for nursing facilities, including the elimination of automatic property rate adjustments, modifications to annual rate cap increases, extensions of previously approved rate increases for eligible facilities, increases rate adjustments for state licensing surcharges, establishes a new rate adjustment for nursing home employment standards, and implements a 25-group Patient Driven Payment Model (PDPM) case mix.
    • Nevada (NV-25-0003, effective January 1, 2025): Updates payment methodology for certain dental anesthesia codes, with an enhanced pediatric rate for patients under six years of age. Also updates the description of orthodontic bundled payment methodology.
    • Nevada (NV-26-0013, effective July 1, 2026): Updates disproportionate share hospital (DSH) time periods and payment amount.
    • Pennsylvania (PA-26-0007, effective June 14, 2026): Continues supplemental payments to eligible acute care general hospitals that serve high volumes of Medicaid-eligible individuals and low-income populations within non-rural medically underserved communities.
    • Pennsylvania (PA-26-0009, effective April 1, 2026): Continues supplemental payments to eligible non-public nursing facilities located in first class counties.
    • Pennsylvania (PA-26-0010, effective April 1, 2026): Establishes a supplemental payment to eligible non-public nursing facilities located in eight class counties in FY2025-26.
    • Pennsylvania (PA-26-0011, effective April 1, 2026): Establishes a supplemental payment to eligible non-public and county nursing facilities that qualified for supplemental ventilator care and tracheostomy care payments in FY2014-25 and remained open as of November 1, 2025.
    • Pennsylvania (PA-26-0012, effective April 1, 2026): Establishes a supplemental payment to non-public and county nursing facilities in the city of the first class.
    • Pennsylvania (PA-26-0013, effective April 1, 2026): Establishes a supplemental payment to eligible non-public nursing facilities in a home-rule county located in a second-class A county.
    • Pennsylvania (PA-26-0014, effective April 1, 2026): Establishes a supplemental payment to eligible non-profit nursing facilities in a city of the second-class A in a county of the third class.
    • Pennsylvania (PA-26-0017, effective June 14, 2026): Establishes a supplemental payment to eligible Medical Assistance (MA) enrolled acute care general hospitals, to improve access to coordinated trauma and burn care.

Sellers Dorsey Updates

How Schools and Cross-System Collaboration Can Build a Stronger Behavioral Health Continuum for Children and Families

Schools are one of the most important access points for identifying children’s behavioral health needs early, but they can’t solve the behavioral health crisis alone. Our new issue brief looks at how education, Medicaid, child welfare, and community partners can work together to build a stronger, more coordinated continuum of care for children and families. Find practical strategies for breaking down silos, strengthening cross-system partnerships, and connecting children to the behavioral health supports they need, when and where they need them.

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