Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and analyses; and other health policy news.
Highlight of the Week
This week, MedPAC and MACPAC released their March 2026 reports to Congress, and CMS issued new guidance to aid states’ monitoring and oversight of managed care in Medicaid and CHIP.
Regulations, Notices & Guidance
- On March 9, 2026, the Centers for Medicare & Medicaid Services (CMS) released a notice entitled, Application from the American Association for Accreditation of Ambulatory Surgery Facilities for Continued Centers for Medicare and Medicaid Services-Approval of its Rural Health Clinic Accreditation Program. In this notice, CMS announced its decision to approve the American Association for Accreditation of Ambulatory Surgery Facilities for continued recognition as a national accrediting organization for rural health clinics that wish to participate in the Medicare or Medicaid programs.
- On March 9, 2026, CMS released a notice entitled, Request for Renewal of Deeming Authority of the National Committee for Quality Assurance for Medicare Advantage Health Maintenance Organizations and Preferred Provider Organizations. This notice announces that CMS is considering granting approval of the National Committee for Quality Assurance’s renewal application for Medicare Advantage (MA) deeming authority of Health Maintenance Organizations (HMOs) and Preferred Provider Organizations (PPOs) to continue participation in the Medicare program.
- On March 9, 2026, the Food and Drug Administration (FDA) released guidance entitled, New and Revised Draft Q and As on Biosimilar Development and the Biologics Price Competition and Innovation Act. The question and answer (Q&A) format is intended to inform prospective applicants and facilitate the development of proposed biosimilar products and proposed interchangeable biosimilar products. The guidance also describes FDA’s proposed interpretation of certain statutory requirements related to the abbreviated licensure pathway for biological products added by the Biologics Price Competition and Innovation (BPCI) Act. This draft guidance revises and replaces the draft guidance for industry entitled, New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 3), issued September 17, 2021. It provides certain revisions to Q&As that were withdrawn from the final guidance entitled Questions and Answers on Biosimilar Development and the BPCI Act, issued September 20, 2021.
- On March 9, 2026, FDA released draft guidance entitled, Flavored Electronic Nicotine Delivery Systems (ENDS) Premarket Applications – Considerations Related to Youth Risk. The draft document describes FDA’s current thinking and provides recommendations regarding evidentiary considerations for premarket tobacco product applications (PMTAs) for flavored ENDS submitted under section 910 of the Federal Food, Drug, and Cosmetic Act (FD&C Act).
- On March 11, 2026, the Department of Health and Human Services (HHS) released a notice entitled, Privacy Act of 1974; System of Records. In accordance with the requirements of the Privacy Act of 1974, as amended, HHS is modifying system of records 09-90-0024, HHS Financial Management System Records, to update the legal authorities, clarify the purpose descriptions, add a new routine use, and revise an existing routine use. The system of records is maintained by HHS’ Office of the Assistant Secretary for Financial Resources (ASFR) and covers records retrieved by personal identifiers about individuals who receive or are entitled to a payment from HHS and individuals who pay or owe money to HHS.
- On March 11, 2026, CMS released guidance entitled, FAQs on HHS-Operated Risk Adjustment Program Code Filtering for 2026 Benefit Year and Beyond: Telehealth and Other Codes. For the 2026 benefit year and beyond, HHS is replacing the May 13, 2024, Risk Adjustment Telehealth and Audio-only Services FAQ, with this guidance to clarify how HHS determines eligible services for the filtering criteria it uses to extract risk adjustment-eligible diagnoses from claims. HHS continues to accept certain telehealth and audio-only service codes for risk adjustment diagnosis filtering.
- On March 13, 2026, FDA released guidance entitled, Medical Devices with Indications Associated with Weight Loss – Premarket Considerations. This guidance document provides recommendations regarding non-clinical testing and clinical study design for medical devices with indications for use associated with weight loss to support premarket submissions. The guidance also includes discussion on how FDA considers the benefit-risk analysis to support such indications.
Event Notices
Please note that two asterisks (**) preceding the item indicate a new event.
- March 16, 2026: The National Institutes of Health (NIH) announced a meeting of the National Cancer Advisory Board. This is a hybrid meeting with some sessions open to the public.
- March 17, 2026: The Centers for Disease Control and Prevention (CDC) announced a meeting of the ICD-10 Coordination and Maintenance Committee. This is a virtual meeting open to the public.
- March 18, 2026: NIH announced a meeting of the National Institute of Environmental Health Sciences. This is a hybrid meeting with some sessions open to the public.
- March 18, 2026: NIH announced a meeting of the National Advisory Mental Health Council. This is a virtual meeting open to the public.
- March 18, 2026: NIH announced a meeting of the National Cancer Institute Clinical Trials and Translational Research Advisory Committee. This is a hybrid meeting open to the public.
- March 18, 2026: CDC announced a meeting of the Advisory Committee on Immunization Practices (ACIP). This is a virtual meeting open to the public.
- March 19, 2026: NIH announced a meeting of the Board of Scientific Counselors of the National Cancer Institute. This is a hybrid meeting with some sessions open to the public.
- March 23, 2026: The Department of Veterans’ Affairs (VA) announced a meeting of the Veterans’ Rural Health Advisory Committee. This is a virtual meeting open to the public.
- March 24, 2026: VA announced a meeting of its National Research Advisory Council. This is a hybrid meeting open to the public.
- March 25, 2026: NIH announced a meeting of the National Heart, Lung, and Blood Advisory Council. This is a hybrid meeting with some sessions open to the public.
- March 30-31, 2026: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
- March 30-31, 2026: NIH announced a meeting of the National Institute on Aging. This is a hybrid meeting with some sessions open to the public.
- April 6, 2026: NIH announced a meeting of the National Advisory Allergy and Infectious Diseases Council. This is a virtual meeting with some sessions open to the public.
- April 7, 2026: NIH announced a meeting of the Advisory Committee on Research on Women’s Health. This is a hybrid meeting open to the public.
- April 9-10, 2026: NIH announced a meeting of the Sleep Disorders Research Advisory Board. This is a hybrid meeting open to the public.
- **April 12, 2026: NIH announced a meeting of the Office of AIDS Research Advisory Council. This is a hybrid meeting open to the public.
- April 17, 2026: NIH announced a meeting of the National Center for Complementary & Integrative Health. This is a hybrid meeting with some sessions open to the public.
- April 23, 2026: NIH announced a meeting of the National Library of Medicine Board of Scientific Counselors. This is a hybrid meeting with some sessions open to the public.
- April 30, 2026: FDA announced a meeting of the Oncologic Drugs Advisory Committee. This is a hybrid meeting open to the public.
- May 4-5, 2026: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting open to the public.
- May 5, 2026: NIH announced a meeting of the National Advisory Council on Alcohol Abuse and Alcoholism. This is a hybrid meeting with some sessions open to the public.
- May 7, 2026: The Assistant Secretary for Technology Policy (ASTP) announced a meeting of the Health Information Technology Advisory Committee. This is a hybrid meeting open to the public.
- May 12, 2026: NIH announced a meeting of the Board of Regents of the National Library of Medicine. This is a virtual meeting with some sessions open to the public.
- May 13, 2026: NIH announced a meeting of the National Institute on Aging. This is an in-person meeting with some sessions open to the public.
- May 13, 2026: NIH announced a meeting of the National Diabetes and Digestive and Kidney Diseases Advisory Council. This is a hybrid meeting with some sessions open to the public.
- May 19, 2026: NIH announced a meeting of the National Advisory Council for Nursing Research. This is a hybrid meeting open to the public.
- May 19, 2026: NIH announced a meeting of the Interagency Autism Coordinating Committee. This is a hybrid meeting open to the public.
- June 1-2, 2026: NIH announced a meeting of the Fogarty International Center Advisory Board. This is a hybrid meeting with some sessions open to the public.
- June 2, 2026: NIH announced a meeting of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. This is a hybrid meeting with some sessions open to the public.
- June 5, 2026: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting with some sessions open to the public.
- June 8-9, 2026: FDA announced a public workshop entitled, Fiscal Year 2026 Generic Drug Science and Research Initiatives Workshop. This is a hybrid meeting open to the public.
- June 15-16, 2026: HHS announced a meeting of the Physician-Focused Payment Model Technical Advisory Committee (PTAC). This is a hybrid meeting open to the public.
- June 29, 2026: NIH announced a meeting of the National Cancer Advisory Board. This is a hybrid meeting with some sessions open to the public.
- July 8, 2026: NIH announced a meeting of the National Advisory Child Health and Human Development Council. This is a hybrid meeting with some sessions open to the public.
- September 10-11, 2026: NIH announced a meeting of the Fogarty International Center Advisory Board. This is a hybrid meeting with some sessions open to the public.
- September 14-15, 2026: HHS announced a meeting of PTAC. This is a hybrid meeting open to the public.
- September 15-16, 2026: NIH announced a meeting of the National Advisory Council on Aging. This is a hybrid meeting with some sessions open to the public.
- September 24, 2026: ASTP announced a meeting of the Health Information Technology Advisory Committee. This is a virtual meeting open to the public.
- November 5, 2026: ASTP announced a meeting of the Health Information Technology Advisory Committee. This is a virtual meeting open to the public.
- **December 7-8, 2026: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting open to the public.
- December 8-9, 2026: HHS announced a meeting of PTAC. This is a hybrid meeting open to the public.
Reports, Studies & Analyses
- On March 9, 2026, the Government Accountability Office (GAO) released a report entitled, Private Dental and Vision Insurance: Market Concentration Varied Among States. The report analyzed 2024 enrollment data from the National Association of Insurance Commissioners (NAIC) and found that market concentration in private, stand‑alone dental and vision insurance varied by state across both the group and individual insurance markets. Across all states, the combined market share of the three largest insurers in each state ranged from approximately 38 to 98 percent of enrollment in the dental group market and from approximately 41 to 96 percent in the vision group market. GAO did not identify aggregate data on the extent of vertical integration in the dental or vision insurance markets. Dental industry interviewees indicated that vertical integration in the dental insurance market is limited, with one interviewee noting that such integration is a relatively recent development. In contrast, some vision industry interviewees stated that vertical integration exists in the vision insurance market, including insurer ownership of provider offices, lens and frame manufacturers, and eyewear retail brands.
- On March 12, 2026, GAO released a report entitled, Health Care Workforce: Federal Grants Supporting Mental Health. From 2022 to 2024, HHS administered three grant programs specifically aimed at improving mental health among health professionals, providing $103.2 million in COVID‑19 relief funding to 45 grantees. Grantees reported challenges in implementing the HHS grant programs, while also citing benefits related to addressing mental health among health professionals, according to 2024 and 2025 interim analyses conducted by the Technical Assistance Center (TAC). Reported challenges included limitations related to resources, organizational commitment to well‑being, and stigma. Some grantees also reported benefits, such as higher job retention and reduced depression and anxiety among grant program participants compared to nonparticipants.
- On March 12, 2026, Gallup released a report entitled, One-Third of Americans Cut Back to Cover Healthcare Expenses. Based on a survey of nearly 20,000 U.S. adults conducted from June through August 2025, more than 82 million Americans, or approximately one‑third of respondents, reported making at least one trade‑off in daily living expenses to afford health care. Among uninsured Americans, 62 percent reported making at least one sacrifice to pay for health care, including 32 percent who borrowed money and 24 percent who delayed taking medication. Americans reporting poor or fair health were also more likely to report making financial trade‑offs to pay for care or medication compared with those reporting better health. Approximately 55 percent of U.S. adults in households earning less than $24,000 annually reported making at least one trade‑off to pay for health care, compared with 47 percent of adults in households earning $24,000 to less than $48,000. Notably, a quarter of adults in households earning $90,000 to less than $120,000 annually also reported making trade‑offs, as did 11 percent of adults in households earning $240,000 or more.
Hearings & Markups
- On March 11, 2026, the Senate Special Committee on Aging held a hearing entitled, Foreign Dependence: How China Captured America’s Drug Supply. Witnesses included: The Honorable Ted Yoho, Former Congressman (FL-3) and Senior Advisor, Kyle House Group; Gordon G. Chang, Author; Rosemary Gibson, Author; and Chan Harjivan, Visiting Fellow, Duke Margolis Institute for Health Policy.
- On March 12, 2026, the Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled, Transparency and Trust: Exposing Malign Foreign Influence in Higher Education. Witnesses included: Peter Wood, Ph.D, President, National Association of Scholars; Craig Singleton, Senior Fellow, The Foundation for Defense of Democracies; and Robert Daly, Senior Fellow, the Asia Society and Former Director, Kissinger Institute on China and the United States, the Wilson Center.
Other Health Policy News
- On March 11, 2026, House Committee on Energy and Commerce Ranking Member Frank Pallone (D-NJ-06), House Committee on Ways and Means Ranking Member Richard Neal (D-MA-01), House Committee on Education and Workforce Ranking Member Bobby Scott (D-VA-03), and Senate Committee on Finance Ranking Member Ron Wyden (D-OR) sent a letter to CMS Administrator Mehmet Oz expressing opposition to the Trump Administration’s proposed changes to the Affordable Care Act (ACA) Marketplace.
In the letter, the Members state that the Notice of Benefit and Payment Parameters (NBPP) Proposed Rule for the 2027 plan year (PY), released by CMS on February 9, 2026, would decrease enrollment in the ACA Marketplace and increase premiums, deductibles, and out‑of‑pocket costs for enrollees. Specifically, they warn that the proposal would expand high‑cost catastrophic plans, lock consumers into 10-year catastrophic plans, and eliminate standardized plan requirements that help consumers compare and choose plans. The Members also note that the proposed rule would undermine or eliminate critical consumer protections, including protections guaranteeing adequate provider networks, coverage of essential health services such as substance use disorder treatment and dental care, and protections for individuals with pre‑existing conditions.
The full letter can be found here. - On March 11, 2026, the CMS Center for Clinical Standards and Quality (CCSQ) released its FY2025–2028 Strategic Roadmap. CCSQ outlines its five strategic goals, including: (1) Prevention; (2) Quality and Safety; (3) Coverage Innovation; (4) Data and Technology; and (5) Burden Reduction. Prevention initiatives include a peer‑to‑peer clinician engagement program to promote Annual Wellness Visits and preventive care; integrating preventive health measures into physician and hospital quality and payment programs; expanding access to nutrition counseling; and incorporating evidence‑based nutrition standards into guidance for hospitals and long‑term care facilities. The Quality and Safety goal includes initiatives such as expanding the use of automated, AI‑supported digital quality measures; supporting hospitals in advancing mobility and falls prevention through guidance and technical assistance; and revising star rating programs. The Coverage Innovation goal includes efforts to modernize and improve the National Coverage Determination (NCD) and Local Coverage Determination (LCD) processes. The Data and Technology goal includes initiatives such as enhancing interoperability through Fast Healthcare Interoperability Resources (FHIR)‑based servers; modernizing survey and certification processes through AI‑assisted reviews and electronic data collection; and advancing the Advancing Healthcare Quality Through Technology (AHQT) initiative. The Burden Reduction goal includes efforts to remove outdated and obsolete requirements from the Conditions of Participation; pilot waiver demonstrations and risk‑based surveys for nursing homes; and evaluate the effectiveness of Accreditation Organization (AO) processes.
The fact sheet can be found here. - On March 12, 2026, the Senate HELP Committee held a hearing entitled, Transparency and Trust: Exposing Malign Foreign Influence in Higher Education. Throughout the hearing, lawmakers and expert witnesses examined how foreign governments may influence U.S. universities, particularly in areas tied to health research, medical training, and biomedical innovation.
Witnesses noted that international partnerships often play a vital role in advancing medical education. Chairman Bill Cassidy (R-LA) emphasized that foreign-funded initiatives (such as U.S. universities operating medical schools abroad) can expand global access to training and strengthen the American research ecosystem when conducted transparently. He pointed to Qatar’s funding of a U.S.-affiliated medical school in Doha as one example of foreign investment supporting educational growth.
However, much of the discussion centered on gaps in current reporting requirements for foreign gifts and contracts. Witnesses warned that incomplete or opaque disclosures make it difficult for policymakers to understand how outside funding intersects with sensitive medical or biomedical research programs. According to witness testimony, some U.S. institutions have accepted foreign support for research or facilities without full visibility into the source of funds or the expectations attached. Mr. Craig Singleton of the Foundation for Defense of Democracies highlighted that universities reported hundreds of millions of dollars in transactions involving entities on U.S. government watchlists, including organizations linked to export‑controlled technologies and biomedical research fields. He and other witnesses stressed that stronger transparency is needed to protect both national security and scientific integrity.
The committee discussed potential legislative updates—such as lowering reporting thresholds and improving clarity around how foreign-funded programs relate to health or research activities. Members from both parties expressed interest in ensuring that universities retain international collaboration while safeguarding research integrity in high-impact fields.
More information on this hearing can be found here. - On March 12, 2026, CMS issued an Informational Bulletin outlining strengthened expectations for state oversight of Medicaid and Children’s Health Insurance Program (CHIP) managed care programs, emphasizing improved accountability, transparency, and program integrity across all managed care operations. The bulletin reiterates that states are required to maintain robust monitoring systems that evaluate plan performance across at least fourteen regulatory program areas, including claims management, finance, program integrity, network adequacy, appeals and grievances, and quality improvement, and that while states retain flexibility in system design, they must be able to demonstrate comprehensive oversight of each component. CMS highlights recent findings from federal oversight bodies such as the Office of Inspector General (OIG) and GAO which continue to identify vulnerabilities related to fraud, waste, and abuse within Medicaid managed care. In response, the bulletin issues targeted reminders and clarifications intended to help states tighten contractual controls, strengthen operational monitoring, and ensure that taxpayer dollars are used effectively while beneficiaries receive high‑quality care.
The guidance also points to updated reporting templates and new expectations for more standardized and transparent state submissions, noting that improved reporting will facilitate more consistent federal review and greater visibility into managed care program performance. CMS underscores that managed care is intended to promote cost containment without compromising care quality and stresses that states must hold plans accountable for delivering value commensurate with federal and state financial investments. The bulletin provides additional tools, reminders, and reference materials to help states meet these obligations, which CMS states reinforces its broader focus on ensuring fiscal integrity, effective plan oversight, and high‑quality service delivery across Medicaid and CHIP managed care programs.
The full bulletin can be found here. - This week the Medicare Payment Advisory Commission (MedPAC) and the Medicaid and CHIP Payment and Access Commission (MACPAC) released their March 2026 reports to Congress.
The March 2026 MedPAC report contains fifteen chapters, including the annual report on Medicare spending, fee-for-service (FFS) payment adequacy for physicians, inpatient facilities, outpatient facilities, home health, inpatient rehabilitation facilities, and skilled nursing facilities, and trends in the Medicare Advantage and Medicare Part D programs. The report also includes two mandated chapters on changes to the home health prospective payment system and the performance of dual-eligible special-needs plans (D-SNPs). Of note, for 2027, the Commission recommends FFS payment updates above current law for physician and other health professional services; the payment update specified in current law for acute care hospitals; no payment update for outpatient dialysis providers and hospice providers; and payment reductions for skilled nursing facilities, home health agencies, and inpatient rehabilitation facilities. The Commission also recommends targeting additional resources to Medicare safety-net hospitals and redistributing current disproportionate share and uncompensated-care payments.
The March 2026 MACPAC report contains four chapters, which address the home- and community-based services (HCBS) workforce, behavioral health in Medicaid and CHIP, and Medicaid for justice-involved youth and children in foster care.
The MedPAC report can be found here and the MACPAC report can be found here.
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