Issue #302
Sellers Dorsey Digest
September 3, 2026
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Helping Member Associations Move from Stakeholders to Strategic System Partners
Federal News
AMA Urges CMS to Drop 2027 Medicare Physician Fee Schedule Proposed Rule
In an August 20 viewpoint post, American Medical Association (AMA) president Dr. Willie Underwood called on CMS to reject the proposal that would implement a 50% Medicare payment cut for outpatient Evaluation and Management (E/M) visits that are billed the same day as other procedures. The rule raises concern for independent practices who may bear the burden of the change, as they pay for their own staff and medical supplies, and could affect access to care for rural and underserved communities if independent practices close their doors. The AMA calls for CMS to withdraw the proposal and instead work with physicians and stakeholders on a more suitable solution for the payment system (AMA, August 20; Inside Health Policy, August 28).
CMS Announces Recent RHTP Investments Focused on Technology and Robotics
CMS has announced several states that will address telehealth, technology advancements, and robotics through their Rural Health Transformation Program (RHTP) plans. So far, the agency has announced Alabama, Alaska, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and West Virginia as states looking to expand these services through RHTP investments. In Alaska, funding will be used to initiate robotic-assisted surgeries and an AI imaging network across acute care hospitals. Many states also have plans to invest in workforce supports, mobile services, and enhanced care coordination for rural clinicians and populations. In a recent weekly newsletter, the Director of the Health Care Policy for The American Action Forum, Michael Baker, recommended that CMS evaluate RHTP actions on their execution, not effectiveness, as the first RHTP rescore approaches. Baker highlights that the short timeline from fiscal disbursement to program rescoring, only about seven months, could disincentivize complicated, long-term projects that could potentially produce the greatest change in rural healthcare systems (Inside Health Policy, August 28; Inside Health Policy, August 28).
CMS Ends DME Enrollment Moratorium
On August 27, the six-month suspension on Medicare enrollment for certain durable medical equipment (DME) providers ended. CMS Administrator Mehmet Oz had previously hinted at an extension of the moratorium in June, but the agency instead announced in a memo that the National Provider Enrollment Contractors are now accepting initial enrollment applications from interested DME suppliers. It’s unclear if Florida, Missouri, New York, Nevada, Ohio, and Rhode Island, which opted to enact moratoriums, will follow suit and lift theirs. The American Association for Homecare (AAHomecare) plans to help states come up with alternative strategies to combat fraud, waste, and abuse (FWA), and has echoed recommendations made by the OIG, including electronic verification of physician orders, oversight on new providers, and the usage of AI and predictive analytical tools for payment oversight (Inside Health Policy, August 27).
NPA Seeks Changes to PACE Care Coordination Requirements
The National PACE Association (NPA) is asking CMS to revise care coordination requirements established in a 2025 rule for Programs of All-Inclusive Care for the Elderly (PACE). Under the rule, PACE interdisciplinary teams have 48 hours to act on recommendations following hospital, emergency department, and urgent care visits and seven calendar days for other provider recommendations. NPA says those timelines can be difficult to meet when outside providers delay sending records, especially since they are not subject to federal deadlines for providing that documentation. To address that issue, NPA proposed extending the 48-hour timeframe to 72 hours and allowing organizations to demonstrate compliance through documented efforts to obtain missing information. NPA is also asking CMS to clarify which routine and preventive services are exempt from the requirements. CMS has acknowledged concerns about documentation delays but said any alternative would need to be objective and auditable (Inside Health Policy, August 28).
New Study Suggests Medicaid Expansion Disenrollments Will Be Higher Than Previously Thought
A recent study published in JAMA Health Forum suggests that more Medicaid expansion enrollees will be at risk of disenrollment due to community engagement requirements than previously thought. Using the Current Population Survey Annual Social and Economic Supplement data from 2023 through 2025, researchers found that 19.8% of adults aged 18 to 64 living in Medicaid expansion states would be at risk of noncompliance with community engagement requirements because they were near the weekly 20-hour minimum threshold and/or reported variable hours.
As a result, up to 10 million individuals could lose Medicaid coverage compared to previous estimates of 4 million to 7 million. Risk of noncompliance varied for different groups for gender, race, education, and geography. Women had a 22% higher probability of being noncompliant compared to male adults. Hispanic and non-Hispanic Black adults of any race had a lower risk of noncompliance compared to non-Hispanic White individuals. Individuals with higher levels of education had a lower risk of noncompliance compared to individuals who did not hold a high school diploma.
Finally, risk varied substantially by state, with individuals in the West and Midwest generally at higher risk of noncompliance. Some states in the Northeast also had higher proportions of their population at risk. The researchers note that their results may be conservative due to some states planning to require more than one month of compliance with community engagement requirements at application (Health Payer Specialist, August 31).
State News
Texas Hospitals May See a Nearly $10B Reduction in Revenue in FY2027
In Fiscal Year (FY) 2027, Texas is expected to lose $9.8B across three programs, including the Comprehensive Hospital Increase Reimbursement Program (CHIRP), which provides additional funding to cover the discrepancy between Medicaid reimbursement rates and the actual cost of care for enrollees. The federal government has not reapproved the programs over issues with local jurisdiction tax calculations. In Texas, local governmental entities collect taxes from hospitals to fund the state share of the Medicaid program. Governor Abbott sent a letter to Health and Human Services Secretary Kennedy on August 7 stating that the state’s tax structure is in alignment with federal law. Abbott also noted that any tax restructuring must come with a federal guarantee that Texas would not be penalized in the future for doing so.
As of August 31, neither Texas Medicaid, CMS, nor the governor’s office provided comment on the status of the program approvals. Even if the dispute is resolved quickly, the funding is expected to be delayed by several months, according to the Texas Hospital Association (Texas Tribune, August 31).
Minnesota’s Medicaid Expenditures Projected to Nearly Double in Four Years
Minnesota is projected to spend $29B in federal and state funds on Medicaid in 2029, a 40% increase from 2025, dwarfing the projected 10% growth in state tax revenue over the same period. The state budget office suggests that the steep growth in Medicaid spending is due to higher expenditures for direct care. This largely incorporates higher service utilization, increasing costs for services, and burgeoning medication costs. A smaller but still significant driver of increased Medicaid costs in Minnesota comes from higher spending on long-term care services. Moreover, many of these long-term care services have been identified as “high risk” for potential fraud, waste, and abuse. In turn, this has resulted in tension between Minnesota and the federal government, with CMS adjusting its FWA strategy from reactive to proactive, withholding federal funds until the state implements its corrective action plan approved by the agency (Minnesota Reformer, August 31).
Kentucky Begins Implementing Kinship Care Payment Law
Kentucky has started implementing a 2024 law that makes it easier for relatives and other kinship caregivers to qualify for foster care payments after a two-year dispute over funding. Governor Andy Beshear had requested $14.6M annually for SB 151, while the FY2027-FY2028 budget provides $6M per year, or $12M over the biennium. Following the budget approval, the Cabinet for Health and Family Services issued new procedures in July for relative and fictive kin foster placements and said the Department for Community Based Services can move forward with implementation through its existing systems.
Payment rates will depend on the child’s age and needs, with basic foster care payments ranging from $27 to $47 per day and higher rates available for caregivers with additional training or children with more complex needs. Some kinship care advocates still have concerns about whether the new process is clear enough for families and whether it could create barriers to accessing assistance, including questions about the state’s use of available federal funding (Kentucky Lantern, August 31).
WA Saves Developmental Disabilities Support Program, Instead Implements 10% Funding Cut
In an attempt to save the Parent to Parent program from being completely cut in August due to budget strains, Washington legislators agreed on a 10% funding cut. The decision follows soon after a letter was sent to Governor Bob Ferguson and the Secretary of the Department of Social and Health Services by a bipartisan group of 44 legislators to maintain the program. The Parent to Parent program provides support to families with children with developmental disabilities by establishing mentorship relationships between newer parents and more experienced ones. The funding cut will impact spending on multicultural coordinators who work with parents that experience language barriers, as well as possibly reducing the number of families served by the program. Advocates urge legislators to reverse the cut and implement an increase in 2027. They also want Parent to Parent to be named as a program item in next year’s budget (Washington State Standard, August 31).
SPAs and Waivers
Waivers
- 1115
- Oklahoma
- On August 28, CMS approved a five-year renewal of the state’s 1115 demonstration titled “SoonerCare.” Oklahoma receives renewed authority to provide premium assistance through the Insure Oklahoma Employer Sponsored Insurance (IO-ESI) program for multiple demonstration populations and the Health Access Networks (HAN) and Health Management Program (HMP). The renewal removes some outdated demonstration authorities that were no longer active. The demonstration is effective from January 1, 2027, through December 31, 2031.
- Oklahoma
SPAs
- Services
- Colorado (CO-26-0014, effective July 1, 2026): Establishes provider and service limits for services provided by Long-Term Home Health Registered Nurses (RN) and Certified Nursing Assistants (CNAs). To support continuity of care, implementation will be phased in through July 2027.
- Iowa (IA-25-0016, effective January 1, 2025): Provides an exemption to the four walls clinical service requirement for services provided by the Indian Health Service (IHS) and Tribal facilities for individuals who do not have a fixed home or mailing address.
- Nevada (NV-26-0014, effective July 1, 2026): Revises outdated language related to independent contractors and transportation, as it is no longer reimbursable.
- Payment
- Massachusetts (MA-25-0035, effective October 1, 2025): Updates payment methodology for acute inpatient hospital services.
- Rhode Island (RI-25-0012, effective July 1, 2025): Updates payment methodology for Hospice and Home Health through a reimbursement freeze at SFY 2025 and removing future inflation adjustments.
- Wyoming (WY-26-0006, effective July 1, 2026): Establishes coverage and payment methodology for services provided by Freestanding Birthing Centers.
Most Read - August
Court Allows Medicaid Work Requirement Rule to Proceed
CMS’ interim final rule on Medicaid work requirements will remain in effect while a legal challenge from 25 states and Washington, D.C., moves forward. The states argued that CMS exceeded the statute by adding an “ability to work” test for the medically frail exemption and created costly implementation challenges ahead of the January 1, 2027, deadline. The plaintiffs alleged that their concerns are more immediate because states must notify beneficiaries about the new requirements by August 31. Judge Richard Stearns nevertheless found that the states had not shown irreparable harm, noting that Congress set the implementation timeline, not CMS, and that the federal government will reimburse 90% of eligible system development costs. The ruling does not address the merits of the lawsuit, and the states may renew their request for an injunction if the case remains unresolved at the end of 2026 or if the Trump administration does not separately delay implementation (HealthCare Dive, July 31; Inside Health Policy, July 30).
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).
Certain States to Prohibit Self-Attestation of Medical Frailty Ahead of Schedule
Six states plan to implement stricter community engagement policies starting in 2027. Despite having the option to accept self-attestation of medical frailty in 2027, Arkansas, Indiana, North Carolina, North Dakota, New Hampshire, and Utah have either statutes or regulations that prevent the Medicaid agency from accepting this method of compliance. Ohio is in the process of implementing a proposed rule that will also prohibit self-attestation. Starting in 2028, all states subject to the community engagement requirements will not be able to accept self-attestation without additional documentation. The medical frailty definition for community engagement requirements remains contested, with 25 states and the District of Columbia pursuing a lawsuit against the federal government over its interpretation of medical frailty (Health Payer Specialist, August 12).
CMS Medicaid Deferrals Raise Questions for HCBS Access
CMS’s Medicaid payment deferrals in California and Minnesota are drawing attention to how program integrity actions could affect home- and community-based services. Centers for Medicaid and CHIP Services Director Daniel Brillman said states could reduce or eliminate HCBS waitlists by addressing fraud and reinvesting the savings. His comments came as CMS moves forward with a combined $1B in deferrals involving the two states. California’s initial deferral affected its In-Home Supportive Services program, while Minnesota’s deferrals have focused on personal care, HCBS, and other services that CMS identified as high-spending or rapidly growing. Minnesota has since paused new provider enrollment in 12 high-risk service areas, frozen new adult day center licenses for two years, and restricted new licensing or enrollment for certain HCBS and behavioral health programs. Disability advocates say access challenges are also tied to workforce shortages and limited investment in community-based services. ANCOR estimates that more than 552,000 people with intellectual and developmental disabilities remain on waiting lists and said program integrity efforts should be targeted carefully to avoid further limiting access to care (Inside Health Policy, August 24).
Rural Areas Projected to See More Acute Healthcare Professional Shortages
A new report released by AMN Healthcare, a staffing firm, projects a shortage of physicians to continue, reaching upwards of 86,000 positions in primary and specialty care by 2036. Registered nurses are also projected to have a shortfall of 63,000 by 2030. The firm’s healthcare hiring data, cross-referenced with federal labor data, found that rural healthcare organizations will experience the brunt of workforce shortages. Among the more than 7,700 federally designated rural, primary care health professional shortage areas (HPSAs), around 13,000 providers are needed to fill the gap. However, according to AMN’s report only 2% of new physicians reported wanting to work in rural and remote areas. In 2025, hiring rates for registered nursing positions in rural areas were only a third of hiring rates in urban areas. AMN suggests that this could be exacerbated by healthcare cuts from H.R. 1, despite other investment under the Rural Health Transformation Program. However, the report highlights that new artificial intelligence tools could be integrated into workflows to reduce the potential for burnout among the existing rural health workforce (Healthcare Dive, August 13).