Health Law Advisor

On Friday February 13, 2026, the Department of Government Efficiency (“DOGE”) unit working within the U.S. Department of Health and Human Services (“HHS”) released to the public on https://opendata.hhs.gov/ what it hailed as “the largest Medicaid dataset in department history.” 

DOGE has been mining Medicaid and Medicare data for the past year. The newly released dataset aggregates provider-level claims data by billing or servicing provider, procedure code, and month, and covers fee-for-service, managed care, and CHIP claims from 2018-2024.

In early March, word came that Dr. Mehmet Oz, administrator of the Centers for Medicare and Medicaid Services (CMS) is investigating New York’s Medicaid program—claiming it is riddled with fraud and waste. The news came at the same time as Minnesota filed a federal lawsuit against Oz, CMS, the U.S. Department of Health and Human Services (HHS) and its secretary, Robert F. Kennedy Jr., for withholding Medicaid funding, accusing the federal government of “weaponiz[ing] Medicaid against Minnesota as a political punishment.”

In early 2026, the U.S. Supreme Court (the “Court”) agreed to hear a case at the heart of pharmaceutical intellectual property that could have significant implications for the manufacturers of both patented and generic drugs. Oral argument is scheduled for Wednesday, April 29.

On January 30, 2026, Representative Michael Lawler introduced H.R. 7291, the “GRAS Oversight and Transparency Act.” H.R. 7291 is the latest congressional effort to address longstanding concerns about the federal regulatory framework governing “generally recognized as safe” (“GRAS”) designations for food-related substances.

On January 29, 2026, the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (“ASTP/ONC”) released the Draft United States Core Data for Interoperability Version 7 (“USCDI v7”) for public comment through Standards Bulletin 2026-1. The very next day, ASTP/ONC also issued a Request for Information (“RFI”) seeking public input on the potential adoption of diagnostic imaging interoperability standards and certification criteria under the ONC Health IT Certification Program.

On February 19th, Brenna Jenny, Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice, provided the keynote speech at the Federal Bar Association’s Qui Tam Conference.

At this address, and in an earlier panel discussion centering on Diversity, Equity, and Inclusion programs (DEI), Jenny focused on False Claims Act (FCA) enforcement priorities and DOJ enforcement practices, including how DOJ identifies cases, when it might dismiss cases, and its approach to resolutions.

It’s time for an update on what to consider before opening and investing in a medical spa. As we’ve written in Part I and Part II of our series, state laws and regulations are constantly evolving for medical spas. As states increasingly regulate this area owners and operators should be aware of current or potential state laws affecting their scope of practice, licenses and registrations, and other key elements.

On January 16, the IRS released two documents – Notice 2026-8 and Rev. Proc. 2026-8 – which provide updated guidance for organizations regarding group tax exemptions.

The guidance also removes the 5+ year moratorium on new exemption rulings. The guidance modifies and supersedes Rev. Proc. 80-27, and incorporates updates from the 2020 notice (Notice 2020-36).

Central organizations and those of their subordinates that are included in the group exemption will generally have one year to come into compliance with the updated guidance. Under IRS Treasury regulations and related guidance, specifically regarding group exemption letters, a central organization is defined as the head or parent organization that holds a group exemption letter and exercises general supervision or control over one or more subordinate organizations. A subordinate organization is defined as a "chapter, local, post, or unit of a central organization".

A newly introduced House Bill, H.R. 7366, titled the Dietary Supplement Regulatory Uniformity Act, would amend the Federal Food, Drug, and Cosmetic Act (“FDCA”) to expressly clarify and affirm the Food and Drug Administration’s (“FDA”) preemptive authority over dietary supplement regulation.

The bill would prohibit states from establishing or maintaining dietary supplement requirements that are different from or in addition to federal requirements, unless a state successfully applies for a specific exemption from FDA preemptive authority. Such exemptions would be limited to circumstances where a state requirement is more stringent than federal law or addresses a compelling local condition without placing a product out of compliance with federal standards.

In effect, the proposed legislation reinforces a uniform national regulatory framework for dietary supplements, while preserving a narrow pathway for state involvement under FDA oversight.

As 2025 drew to a close, the Centers for Medicare & Medicaid Services (“CMS”) issued proposed rules for two mandatory pricing models aiming to reduce out-of-pocket costs for Medicare drugs.