Statement:

Association Endorses Bipartisan Legislation to Delay 340B Rebate Model

CMS Gains Authority to Exclude Providers from Medicare, Medicaid

October 14, 2026
Julie Kozminski

The Department of Health and Human Services (HHS) has granted the Centers for Medicare & Medicaid Services (CMS) authority to exclude and ban providers from Medicare and Medicaid. This gives CMS the same power to do so as the HHS Office of the Inspector General (OIG). 

The Oct. 14 notice states this authority will not affect or diminish the authority of the OIG to conduct these activities. It is unclear how this authority will work under the two agencies and if CMS’ exclusion process will be similar to that of the OIG. 

Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.