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HomePayerFederal Health Policy Updates February 2026

Federal Health Policy Updates February 2026

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The federal government continues navigating critical healthcare policy developments as Congress addresses funding challenges and multiple agencies advance regulatory reforms. Federal health agencies face operational disruptions while lawmakers deliberate on appropriations, drug pricing negotiations, and healthcare program integrity measures that will shape the healthcare landscape through fiscal year 2026 and beyond.

Government Shutdown Triggers Healthcare Agency Funding Crisis

The federal government has experienced a partial shutdown since late last week, directly impacting several federal agencies including the U.S. Department of Health and Human Services (HHS), which faces a lapse in appropriations. This shutdown affects healthcare operations across multiple divisions responsible for Medicare, Medicaid, and public health programs serving millions of Americans.

The U.S. Senate passed a comprehensive funding agreement on a 71-29 vote, which the U.S. House of Representatives will consider on February 3, 2026. This appropriations package would fund nearly all remaining federal agencies through fiscal year (FY) 2026, restoring operations to critical healthcare divisions. However, the U.S. Department of Homeland Security (DHS) will receive only two weeks of funding as part of the negotiated agreement, allowing continued discussions regarding potential restrictions to U.S. Immigration and Customs Enforcement (ICE) and other DHS subagency activities.

Notably, the U.S. Congress had previously passed appropriations bills funding other agencies, including the U.S. Food and Drug Administration (FDA), through December 31, 2026, which explains why this shutdown is considered partial rather than comprehensive. The final vote on the appropriations package is expected to receive some Democratic support, though House Republican leaders must navigate slim margins following the swearing-in of newly elected Rep. Christian Menefee (D-Texas) on February 2, 2026. President Donald Trump publicly expressed support for passage of the updated spending package, accompanied by an official Statement of Administration Policy endorsing its passage.

Congressional Hearings Address Healthcare Fraud and Innovation

Multiple congressional committees have scheduled critical hearings examining healthcare program integrity and medical research advancement. The Senate Committee on Health, Education, Labor, and Pensions (HELP) will conduct a hearing on February 3, 2026, examining ways to modernize the National Institutes of Health with emphasis on accelerating medical discoveries and developing more effective treatments for life-threatening diseases.

The House Committee on Energy and Commerce Subcommittee on Oversight and Investigations will hold a hearing titled “Common Schemes, Real Harm: Examining Fraud in Medicare and Medicaid” on February 3, 2026. This hearing reflects growing congressional concern about fraudulent activities within federal healthcare programs that cost taxpayers billions annually while undermining care quality for vulnerable populations.

The House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs will review several legislative proposals affecting veterans’ healthcare and benefits, including the Love Lives on Act of 2025 (H.R.1004), Justice for ALS Veterans Act of 2025 (H.R.1685), Dayton National Cemetery Expansion Act of 2025 (H.R.2164), Board of Veterans Appeals Annual Report Transparency Act of 2025 (H.R. 6698), Veterans Burial Allowance and Reimbursement Act of 2026 (H.R. 6943), Providing Radiation Exposed Servicemembers Undisputed Medical Eligibility (PRESUME) Act (H.R.4469), Fraud Reduction And Uncovering Deception (FRAUD) in VA Disability Exam Act (H.R.5723), Susan E. Lukas 9/11 Servicemember Fairness Act (H.R.5339), and the National Cemetery Administration Annual Report Act of 2026.

Legislative Initiatives Target Drug Pricing and Pandemic Preparedness

Senate HELP Committee Chair Bill Cassidy (R-La.) continues investigations into the 340B Drug Discount Program by sending detailed information requests to federally contracted vendors. His letter seeks comprehensive data regarding vendor revenue structures, compensation arrangements, remittance patterns from entities utilizing 340B drug benefits, organizational frameworks, internal access controls, and relationships with other participants in the 340B ecosystem. This investigation reflects ongoing concerns about program integrity and proper implementation of discount benefits intended for vulnerable patient populations.

Reps. Neal Dunn (R-Fla.) and Lori Trahan (D-Mass.) issued a request for information (RFI) on January 27, 2026, regarding Pandemic and All-Hazards Preparedness Act (PAHPA) reauthorization. Most PAHPA authorizations expired in 2023, with Congress extending only limited programs through previous continuing resolutions. The RFI invites stakeholders to assess existing programs, identify successful initiatives, pinpoint potential duplication, and recommend areas for modernization or streamlining. Importantly, lawmakers explicitly welcome ideas beyond currently authorized programs, signaling openness to new authorities or structural reforms. Comments are due February 15, 2026.

The bipartisan National Programmable Cloud Laboratories Network Act (S.3468), introduced by Sens. John Fetterman (D-Pa.) and Ted Budd (R-N.C.), will be considered by the Senate Committee on Commerce, Science, and Transportation on February 3, 2026. This legislation responds to the Trump Administration’s Artificial Intelligence (AI) Action Plan by creating a national network of up to six AI-enabled, remotely accessible programmable cloud labs to accelerate scientific research. The National Science Foundation would select participating labs while the National Institute of Standards and Technology (NIST) establishes standards and evaluates future expansion possibilities.

Regulatory Agencies Advance Healthcare Program Reforms

The Centers for Medicare & Medicaid Services (CMS) announced selection of 15 drugs on January 27, 2026, for the third cycle of Medicare Drug Price Negotiation Program, with negotiated prices taking effect in 2028. This list includes the first drugs selected from Medicare Part B. Between November 2024 and October 2025, approximately 1.8 million people with Medicare Part B and/or Part D coverage used these drugs to treat conditions including cancer and psoriatic arthritis. Selected drugs accounted for approximately $27 billion in prescription drug expenditures under Medicare Part B and Part D during that period, representing about 6 percent of total spending. Drug manufacturers have until February 28, 2026, to determine participation in negotiations.

CMS issued a proposed rule on January 30, 2026, revising Conditions for Coverage (CfC) for Organ Procurement Organizations (OPOs). The proposed rule clarifies definitions, adds new Quality Assessment Performance Improvement (QAPI) requirements, and discusses factors informing future rulemaking or guidance issuance. This proposal arrives several months before CMS begins the OPO recertification cycle based on performance measures related to organ donation and transplantation numbers.

The DOL’s Employee Benefits Security Administration (EBSA) issued a proposed rule on January 29, 2026, requiring pharmacy benefit managers (PBMs) to disclose compensation information to fiduciaries of self-insured group health plans under the Employee Retirement Income Security Act (ERISA). This proposed rule follows Executive Order 14273, which directed DOL to propose regulations improving employer health plan transparency regarding direct and indirect PBM compensation. New audit requirements would also be established under this framework.

Healthcare Technology and Program Integrity Initiatives

CMS announced on January 29, 2026, that more than 15 health technology companies voluntarily agreed to help states prepare for and implement Medicaid community engagement requirements. These voluntary commitments aim to generate substantial state savings while improving beneficiary experiences by reducing administrative burden, strengthening eligibility and verification systems, and better connecting Medicaid enrollees to work, education, volunteering, and job training opportunities.

The HHS Office of the Inspector General (OIG) issued a special advisory bulletin on January 27, 2026, clarifying how pharmaceutical manufacturers can offer lower-cost prescription drugs directly to patients, including Medicare and Medicaid enrollees. The bulletin notes drug companies generally can sell prescription drugs directly to patients at lower cash prices without violating federal anti-kickback law, provided specific safeguards are implemented. Government billing must be avoided, discounts cannot steer patients toward other drugs or services that Medicare or Medicaid might later cover, and pricing cannot be tied to future purchases.

Senate HELP Committee Chair Cassidy announced formation of a task force on January 26, 2026, dedicated to eliminating fraud in federal funding. The task force includes Sens. Ashley Moody (R-Fla.), Roger Marshall (R-Kan.), Tommy Tuberville (R-Ala.), Jon Husted (R-Ohio), Markwayne Mullin (R-Okla.), and Tim Scott (R-S.C.), who will co-lead efforts based on their subcommittee leadership roles focusing on healthcare, education, and labor and pensions respectively. The committee has launched an online portal for fraud reports.

Federal health policy developments continue evolving rapidly as Congress addresses funding challenges, regulatory agencies advance program reforms, and lawmakers investigate healthcare program integrity across Medicare, Medicaid, and other critical initiatives serving American patients and healthcare providers nationwide.

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