McDermott+ Check-Up: June 12, 2026 - McDermott+

McDermott+ Check-Up: June 12, 2026

THIS WEEK’S DOSE


  • House Appropriations Committee advances Labor-HHS FY 2027 bill. After a 12-hour session, the fiscal year (FY) Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS) funding bill advanced by a 34 – 28 party-line vote.
  • House Energy and Commerce Health Subcommittee reviews healthcare transparency bills. Democrats and Republicans agreed that legislation to increase transparency in healthcare pricing and market consolidation would reduce costs by increasing consumer awareness.
  • House passes reconciliation 2.0 bill. The package, which includes no healthcare provisions and funds US Immigration and Customs Enforcement and US Customs and Border Patrol, was signed into law by President Trump.
  • House Education and Workforce Subcommittee on Workforce Protections examines locum tenens providers. Members and witnesses discussed advantages and disadvantages of these providers while evaluating their employment classification and arrangements as independent contractors.
  • Medicare trustees release 2026 report. The trustees project that Medicare’s Part A Trust Fund will be depleted in the second quarter of 2033, one quarter earlier than projected in last year’s report. 
  • HHS, CMS announce hospital pricing transparency enforcement. Hospitals found in noncompliance with the hospital price transparency requirements could be fined up to $2 million for a single year of noncompliance.
  • CMS proposes changes to Medicaid section 1115 demonstrations. The Centers for Medicare and Medicaid Services (CMS) reports forthcoming rulemaking on the topic but plans to provisionally apply its revised approach in 2027 if there is no final rule in place by then.

CONGRESS


House Appropriations Committee advances Labor-HHS FY 2027 bill. On June 9, 2026, the full House Appropriations Committee met to consider and advance the FY 2027 Labor-HHS appropriations bill. The bill provides $110.8 billion to the US Department of Health and Human Services (HHS) for FY 2027, which would be a 4% decrease from the level of funding enacted for FY 2026. The lengthy markup included extensive amendment debate, and the committee ultimately approved the Labor-HHS bill by a party-line vote of 34 – 28. A bipartisan manager’s amendment adopted by voice vote included language that would block the US Department of Education from lowering student loan borrowing caps for nursing degrees, as was set forth in the department’s recent final rule. The committee also adopted language that would bar CMS from implementing the Wasteful and Inappropriate Service Reduction model designed to test prior authorization in fee-for-service Medicare. The bill report language can be found here, and the table of community project funding (aka, earmarks) can be found here. The Labor-HHS bill for FY 2027 now awaits consideration on the House floor.

In the Senate, where the annual appropriations process has traditionally been more bipartisan, the process has stalled. Republicans and Democrats have not yet reached an agreement on topline numbers for defense and non-defense spending, resulting in the cancellation of plans to advance any appropriations bills through committee at this time.

House Energy and Commerce Health Subcommittee reviews healthcare transparency bills. During the hearing, members and witnesses examined the following bills designed to enhance transparency for health plans’ rate and payment information, services furnished in hospitals and ambulatory surgical centers, and clinical laboratory tests and imaging services:

  • HR ____, Lower Costs, More Transparency Act of 2026.
  • HR ____, to amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to require the displaying of claim denial rates.
  • HR 5582, Patients Deserve Price Tags.
  • HR 9117, Clear Healthcare Expense Cost Knowledge Act of 2026.
  • HR ____, to amend title XXVII of the Public Health Service Act and title XVIII of the Social Security Act to ensure health insurer accountability through publishing of overhead costs and claim payments.
  • HR ____, to amend title XI of the Social Security Act to require mandatory reporting with respect to certain health-related ownership information.
  • HR ____, to amend title XVIII of the Social Security Act to limit the compensation that may be paid to agents and brokers by Medicare Advantage organizations.
  • HR ____, to amend title XXVII of the Public Health Service Act to require hospitals to post prices on the walls.:
  • HR ____, to amend title XVIII of the Social Security Act to require the inclusion of certain information in Medicare Advantage encounter data.

The subcommittee did not discuss all the bills listed above, but there was broad bipartisan consensus about the value of providing consumers with more transparency on pricing. Generally, Republicans endorsed these efforts as ways to address affordability, and Democrats noted that while pricing information can be helpful, Congress needs to take additional steps to address healthcare affordability. Some subset of these bills will likely be brought forward in a Health Subcommittee markup. It is unlikely that Congress will pass free-standing transparency legislation this year, but if consensus grows around some of these proposals, they could become part of the discussion around a potential healthcare package in the lame duck session.

House passes reconciliation 2.0 bill. On June 9, 2026, the House passed S 2, Republicans’ reconciliation 2.0 bill that the Senate approved last week and which the president signed into law. The bill funds US Immigration and Customs Enforcement and US Customs and Border Patrol for three years, and does not include any healthcare provisions. With reconciliation 2.0 in Congress’ rearview mirror, attention now turns to Republican efforts to pursue a reconciliation 3.0 package that could include defense and healthcare provisions. The 3.0 effort is largely being led by retiring Budget Committee Chairman Arrington (R-TX), who has indicated that the process will begin shortly. However, across the Capitol, Republican senators, including Sen. McConnell (R-KY) and Appropriations Chair Collins (R-ME), have expressed skepticism that another reconciliation package (which procedurally forces lawmakers to take tough amendment votes) can pass during an election year. Should reconciliation 3.0 gain momentum, we will closely monitor any health-related provisions that could be included as pay-fors in the package.

House Education and Workforce Subcommittee on Workforce Protections examines locum tenens providers. During the hearing, witnesses, Committee Chair Mackenzie (R-PA), Rep. Fine (R-FL), and bill sponsor Rep. Owens (R-UT) expressed support for HR 8347, which would codify locum tenens providers’ status as independent contractors. Locum tenens providers are clinicians who take on temporary assignments to fill in for other providers. While Republican committee members spoke about the benefits of locum tenens for facilities that have short-term or specialized staffing needs, especially rural facilities, Democratic committee members expressed concerns about the rise of the independent contractor employment model and its impact on worker protections such as workers’ compensation and unemployment insurance. They also noted concerns that the locum tenens staffing model can increase turnover, reduce stability, and potentially impact patient care.

ADMINISTRATION


Medicare trustees release 2026 report. The Medicare trustees report is an annual publication in which the trustees review Medicare enrollment and spending, project future spending, and evaluate the financial health of the trust funds that finance Medicare expenditures. A fact sheet summarizing the annual Medicare and Social Security trustees reports can be found here. 

Key takeaways from the Medicare trustees report include the following:

  • The trustees project that Medicare’s Part A Trust Fund will be depleted in the second quarter of 2033, one quarter earlier than projected in last year’s report. The report attributes the earlier insolvency date to higher assumed utilization of some provider services, upward revisions to assumed average Medicare Advantage per capita expenditures, and lower projected revenue from income taxation of Social Security benefits due to enactment of the One Big Beautiful Bill Act (OBBBA).
  • While the Supplemental Medical Insurance (SMI) Trust Fund, which funds Part B and Part D expenses, receives general revenue transfers and therefore is not at risk of insolvency, the trustees issued an excess general revenue funding warning and a Medicare funding warning, signaling excess reliance on general funding to meet the SMI Trust Fund’s expenditures over the coming years.
  • As of 2025, Medicare enrollment stood at 69.3 million, with about 51% of these beneficiaries enrolled in Part C private health plans that contract with Medicare to provide Part A and Part B health services (2024 data found that 50% of eligible Medicare beneficiaries were enrolled in Part C health plans).
  • As in last year’s report, the trustees expressed concern about the lack of a stable inflationary update under the Medicare Physician Fee Schedule, stating that “absent a change in the delivery system or level of update by subsequent legislation, the Trustees expect access to Medicare-participating physicians to become a significant issue in the long term.”

HHS, CMS announce hospital pricing transparency enforcements. HHS Secretary Kennedy and CMS Administrator Oz took to social media to announce that hospitals must comply with federal price transparency requirements or face financial penalties. In a separate post, HHS said the compliance grace period for the updated requirements has ended, with no further extensions planned. Hospitals that remain out of compliance may face daily civil monetary penalties, which could reach up to $2 million for a full year of noncompliance. HHS also stated that more than 500 hospitals have already received warning letters for potential noncompliance following CMS reviews that began April 1, 2026.

CMS proposes changes to Medicaid section 1115 demonstrations. The OBBBA outlines requirements for the CMS Chief Actuary to certify that Medicaid section 1115 demonstrations are budget neutral. In response, on June 11, 2026, CMS announced that beginning January 1, 2027, they will not approve new demonstrations, demonstration renewals, or demonstration amendments unless the CMS Chief Actuary certifies that the demonstration project is not expected to increase federal spending compared to the state’s Medicaid program without the demonstration. Further, CMS reports plans for rulemaking, developing the following requirements around the process of 1115 demonstrations:

  • Implement the statutory requirement for an independent certification of a demonstration’s budget neutrality by the CMS Chief Actuary;
  • Ensure states clearly demonstrate how proposals will be budget neutral through improved beneficiary health outcomes;
  • Maintain state flexibility to test new approaches within defined fiscal guardrails; and
  • Strengthen accountability and support careful stewardship of federal dollars to deliver measurable value for patients and taxpayers.

In a letter to state Medicaid directors, CMS states if a final rule on this topic is not effective before January 1, 2027, they expect to begin applying the new budget neutrality requirements on a provisional and temporary basis for new demonstrations.

QUICK HITS


  • CMS establishes new Office of Health Technology and Products. According to the Federal Register notice, the office will provide leadership and oversight for CMS healthcare technology modernization; digital products; and the modernization of platforms and services supporting Medicare, Medicaid, the Children’s Health Insurance Program, and other CMS-administered programs.
  • FDA expands sunscreen options with regulatory change. The US Food and Drug Administration (FDA) announced the addition of bemotrizinol, a chemical used in other countries’ production of sunscreen, to the list of permitted sunscreen active ingredients, expanding manufacturing abilities. This follows a Make America Healthy Again Strategy Report priority to improve innovation and regulatory processes for over-the-counter sunscreen.
  • HHS advances nutrition education requirements within medical schools. Led by HHS Secretary Kennedy and Education Under Secretary Kent, eight medical accrediting, assessment, and board organizations signed voluntary pledges to implement measurable nutritional education across key medical training programs. Nineteen schools also signed a voluntary pledge to require at least 40 hours of nutrition education, or implement a 40-hour competency equivalent, for students starting in fall 2026. Seventy-three institutions have committed to this pledge thus far.
  • HHS, EJCC announce federal Elder Justice Action Plan. HHS launched the action plan via the Elder Justice Coordinating Council (EJCC), a federal council established to coordinate efforts across government agencies to prevent elder abuse, neglect, and exploitation. The action plan outlines goals for federal departments and agencies to strengthen collaboration; advance elder justice nationwide; and protect older adults’ dignity, independence, and financial security.
  • GAO releases recommendations for HHS program improvement. The report requests that HHS Secretary Kennedy implement the US Government Accountability Office’s (GAO’s) open recommendations focused on strengthening Medicare and Medicaid program integrity and oversight and improving public health program oversight and coordination.

NEXT WEEK’S DIAGNOSIS


Next Friday is the Juneteenth federal holiday, and the House will be in recess next week. The Senate is scheduled to be in session Monday through Thursday. Scheduled committee activity includes a Senate Health, Education, Labor, and Pensions Committee markup of eight health-related bills.

Next week’s Check-Up will arrive in your inbox on Thursday instead of Friday.


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