Summary
Big Picture. The House is in recess until after the midterm elections and the Senate is aiming to recess by the end of the week. Before recessing, the Senate will attempt to pass legislation related to permitting reform and college athletics, while Artificial Intelligence (AI) regulation remains a topic of interest. Several Republican Senators are urging leadership to take up AI safety legislation, but with so few remaining legislative days before the midterm elections, the issue will likely have to wait until the lame duck or new Congress.
Health Policy to Watch.
- Senate continues to consider HHS nominations. On Thursday, the Senate Health, Education, Labor, and Pensions Committee will consider the nominations of Nicole Saphier for Surgeon General, Timothy Westlake for Assistant Secretary for Mental Health and Substance Use, Mary Lazare for Assistant Secretary for Aging, and Dr. Heidi Overton to be Commissioner of the Food and Drug Administration (FDA).
- Farm bill advanced. The Senate Agriculture, Nutrition, and Forestry Committee advanced the Agricultural Act of 2026 Farm Bill reauthorization. The Farm Bill authorizes several important federal nutrition programs including the Supplemental Nutrition Assistance Program (SNAP) and rural development programs. The legislation passed a vote of 12-11 after failing to advance in September when Sens. Mitch McConnell (R-KY) and Tommy Tuberville (R-AL) were absent. Senate Democrats remained united against the bill because it does not delay state SNAP benefit cost sharing for two years to begin for all states in fiscal year (FY) 2030. Chair John Boozman (R-AR) and Senate Majority Leader John Thune (R-SD) argued that the one-year benefit cost sharing delay included in their bill is the best offer available and will at least allow one more year for states to bring down error rates. The bill now goes to the full Senate.
- MACPAC begins 2026-2027 Cycle. This week, the Medicaid and CHIP Payment and Access Commission (MACPAC) meets to begin the 2026-2027 meeting cycle and will examine community engagement requirements, inpatient hospital payment index, utilization management for opioid use disorder, and Medicaid coverage of assistive technologies, among other sessions. The agenda for the cycle includes program integrity, behavioral health, prescription drugs, provider payments, and long-term services and supports.
- CBO announces Panel of Health Advisers for 2026. The Congressional Budget Office (CBO) announced the 2026 Panel of Health Advisers, which consists of widely recognized experts in health policy and the health care sector who have a variety of backgrounds, areas of expertise, and experience. The panel is called on for advice about addressing analytical questions that arise in the preparation of studies and cost estimates and the CBO benefits from the advisers’ understanding of recent research and real-world developments in health care delivery and financing.
Regulatory Update
Completed OMB Review
- Agents and Brokers. Notice: Private Health Insurance; New Agent/Broker Registrations for Plan Year 2027 Moratorium Guidance
Recently Arrived at OMB
- Agents and Brokers. Interim Final Rule: Patient Protection and Affordable Care Act; Temporary Moratorium on Certain Agent and Broker Participation in the Exchanges
- Final Rule: CY 2027 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates
- Final Rule: CY 2027 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System and Quality Incentive Program
- Proposed Rule: Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP)