McDermott+ Check-Up: May 8, 2026 - McDermott+

McDermott+ Check-Up: May 8, 2026

THIS WEEK’S DOSE


  • Senate HELP Committee hears from Louisiana stakeholders on healthcare. As this primary nears on May 16, 2026, Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Cassidy (R-LA) convened two field hearings in Louisiana to hear from local interests regarding healthcare affordability and access to mental health and substance use treatment.
  • Reconciliation 2.0 not expected to impact healthcare. Current reconciliation efforts remain narrowly focused on immigration and homeland security funding.
  • HHS announces efforts to curb psychiatric overprescribing. US Department of Health and Human Services (HHS) agencies will review prescribing patterns, assess the benefits and risks of psychiatric medications, and expand access to evidence-based nonpharmacological treatments.
  • CMS expands push to modernize electronic prior authorization. The agency added a new electronic prior authorization use case to the Health Tech Ecosystem pledge, aiming to streamline workflows and cut prior authorization volume.

CONGRESS


Senate HELP Committee hears from Louisiana stakeholders on healthcare. Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Cassidy convened two healthcare hearings in Louisiana in advance of his Senate primary on May 16, 2026. He was the only committee member in attendance. At the first hearing, which focused on affordability, employers, executives, pharmacists, and patients testified about the impact of rising costs and market consolidation. They urged Congress to pursue reforms to the 340B program, strengthen pharmacy benefit manager (PBM) oversight, implement site-neutral payment policies, and expand transparency efforts to improve affordability and patient access. Chair Cassidy promoted his “Money and Value for Patients” agenda as a framework to lower costs, increase transparency, and empower patients to make informed decisions, while also pointing to recent legislative wins on PBM reform, including the Consolidated Appropriations Act, 2026’s Medicare Part D provision that bans spread pricing and requires 100% pass-through of all rebates.

At the second hearing, which focused on access to mental health and substance use disorder treatment, Cassidy sought input on how Congress can better support the provision of mental health services, asking witnesses to identify effective treatments and policy measures to improve their accessibility. Witnesses expressed support for telemental health, the HALT Fentanyl Act, and the SUPPORT Act as key tools in addressing the opioid and mental health crises. Witnesses also raised concerns about providers spending insufficient time with patients during treatment. When a witness discussed the benefits of Section 1115 institution for mental disease waivers in allowing longer inpatient stays, Chair Cassidy acknowledged the potential benefits of longer treatment stays but cautioned against possible abuse within Medicaid.

Reconciliation 2.0 not expected to impact healthcare. On May 4, 2026, the Senate Judiciary Committee and the Senate Homeland Security and Governmental Affairs Committee released their respective reconciliation bill texts, each covering portions of a roughly $72 billion package focused on immigration enforcement and US Department of Homeland Security priorities. The current reconciliation effort appears narrowly structured, with jurisdiction limited to these committees and policy changes largely confined to border security and immigration-related funding. As a result, reconciliation 2.0 is not expected to meaningfully impact the healthcare sector. While some lawmakers have begun discussing the possibility of a future reconciliation 3.0 package that could include health-related provisions, the immediate priority for Congress remains advancing and enacting the current targeted reconciliation bill.

ADMINISTRATION


HHS announces efforts to curb psychiatric overprescribing. HHS agencies, including the Substance Abuse and Mental Health Services Administration (SAMHSA), the Centers for Medicare & Medicaid Services (CMS), the Health Resources and Services Administration (HRSA), and the Administration for Children and Families (ACF) wrote a Dear Colleague letter encouraging healthcare providers to expand their use of evidenced-based nonpharmacological mental health treatments, including psychotherapy and family/lifestyle-based interventions, and to regularly review psychiatric medication regimens. An HHS press release outlines a multiagency approach, spanning education and outreach, policy and program changes, and research initiatives, aimed at reducing unnecessary initiation of psychiatric medications, supporting safe discontinuation when appropriate, promoting informed consent and shared decision-making, and increasing access to alternative treatments.

These efforts will be carried out across HHS:

  • SAMHSA will issue a report on prescribing trends (expected this month) and will host educational webinars throughout June and July to educate prescribers on medication risks, deprescribing practices, and evidence-based nonpharmacological treatments.
  • CMS will work to expand access and simplify coverage of evidence-based nonpharmacological treatments.
  • HRSA will partner with SAMHSA to host a joint webinar for federally qualified health center providers on holistic care, including nonmedication treatments and appropriate tapering of psychiatric medications.
  • HHS will convene a technical expert panel in July to inform clinical guidance on psychiatric medication use and deprescribing.
  • The National Institutes of Health and the US Food and Drug Administration (FDA) will accelerate research into new and innovative mental health treatments.

CMS expands push to modernize electronic prior authorization. CMS Administrator Oz announced the addition of an electronic prior authorization use case to the Health Tech Ecosystem pledge for payers, providers, and health IT vendors aiming to support interoperable end-to-end workflows that extend beyond minimum federal requirements. The effort builds on prior insurer commitments to streamline and improve the prior authorization process, and aligns with upcoming rules requiring faster decision timelines and full implementation of electronic systems by 2027. CMS reported that leading health plans have already been implementing prior authorization modernization, eliminating 11% of prior authorizations across a range of medical services, representing 6.5 million fewer prior authorizations for patients. CMS also released a timeline outlining previous and current goals for bolstering electronic prior authorization, highlighting the October 1, 2027, compliance deadline for electronic prior authorization for drugs.

COURTS


Supreme Court temporarily restores telehealth mifepristone access. On May 4, 2026, the US Supreme Court issued an administrative stay pausing a lower court decision that would have reinstated in-person dispensing requirements for the medical abortion drug mifepristone; as a result, telehealth prescribing, mailing, and pharmacy access can temporarily continue. The case stems from a 2023 FDA decision to remove in-person dispensing requirements for mifepristone. The stay remains in effect until May 11, 2026, when the Supreme Court is expected to decide whether those requirements should be reinstated while litigation proceeds.

QUICK HITS

  • FDA approves first non-tobacco, non-menthol e-cigarette products. Glas, an e-cigarette company, received FDA authorization for two fruit-flavored electronic nicotine delivery systems (ENDS), a departure from prior ENDS authorizations limited to tobacco and menthol flavors. The FDA cited Glas’ device-based age-verification and access restriction technology, along with requirements to target advertising to adults 21 years of age and older and to monitor and report on youth prevention efforts.
  • MACPAC holds final meeting of 2025 – 2026 cycle. The Medicaid and CHIP Payment and Access Commission (MACPAC) meeting on May 7, 2026, covered prior authorization, implementation of community engagement requirements, and access to mental health treatment, and included votes on recommendations.
  • Energy and Commerce Democrats request COVID-19 vaccine efficacy data. In a letter to HHS Secretary Kennedy, Reps. Pallone (D-NJ), DeGette (D-CO), and Clarke (D-NY) requested answers by May 20, 2026, on the reported suppression of a Centers for Disease Control and Prevention study on COVID-19 vaccine effectiveness in adults slated for publication on March 19, 2026. The study reportedly found that vaccines reduced emergency department visits, urgent care visits, and hospitalizations by about 50%. But instead of being published, the report was delayed and ultimately pulled altogether, despite having cleared scientific review.
  • White House releases National Drug Control Strategy. The strategy outlines administration priorities to reduce national drug overdose rates, including targeting illicit drug supply chains and expanding prevention, treatment, and recovery options nationwide.
  • CMS to provide $50 monthly access to GLP-1 medications for Medicare beneficiaries. From July 1, 2026, through December 31, 2027, the Medicare GLP-1 Bridge pilot program will offer Medicare Part D beneficiaries access to GLP-1 medications for a monthly cost of $50.
  • Democratic legislators announce plans to introduce resolution that would overturn recent student loan rule. Reps. Bonamici (D-OR), Mannion (D-NY), and Underwood (D-IL), along with Sens. Merkley (D-OR) and Alsobrooks (D-MD) announced they will introduce Congressional Review Act (CRA) resolution to repeal the Department of Education’s recently finalized student loan rule that limits the definition of a professional degree for the purpose of establishing federal loan caps. The legislators noted that their CRA resolution will be introduced once the rule is officially received by Congress.
  • GAO releases report on improving federal programs serving pregnant women and young children. The Government Accountability Office (GAO) identified 242 federal programs, including 15 that exclusively serve pregnant women and children, and found program fragmentation across agencies. GAO recommends HHS establish a federal performance management process for its Preschool Development Grants Birth Through Five Program, noting the agency currently relies on state-defined goals but lacks a national framework to assess overall progress.

NEXT WEEK’S DIAGNOSIS


The House and Senate are scheduled to return to session the week of May 11, 2026, when lawmakers will resume work on the “skinny” reconciliation package to fund US Customs and Border Protection and US Immigration and Customs Enforcement. At the committee level, the House Energy and Commerce Health Subcommittee is expected to hold a markup of public health reauthorizations, and the Senate Appropriations Committee will hold a hearing on the president’s fiscal year 2027 budget for the FDA featuring testimony from Commissioner Makary. On the regulatory front, we continue to await the federal independent dispute resolution operations rule and the final Notice of Benefit and Payment Parameters for 2027.


To subscribe to the McDermott+ Check-Up, please click here.