Washington Watch: Health Week of February 23, 2026 | House Energy & Commerce Committee | Vol. 1, Issue 3

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THIS WEEK AT A GLANCE

CMS deferred $259.5 million in Minnesota Medicaid funding over suspected fraud and imposed a nationwide moratorium on new Medicare enrollment for certain medical equipment suppliers. The Minnesota action is a warning shot for every state and territory with Medicaid program integrity vulnerabilities — including Puerto Rico.

Separately, the FDA launched a new “Plausible Mechanism” framework to accelerate approvals of individualized therapies for ultra-rare diseases, and 15 states sued HHS over its decision to reduce the number of routine childhood immunizations from 17 to 11.

AGENCY WATCH: CMS / HHS

CMS Defers $259.5 Million in Minnesota Medicaid Funding

Date: February 25, 2026

The Trump Administration announced a major crackdown on healthcare fraud, with CMS deferring $259.5 million in quarterly Medicaid funding to Minnesota while an investigation into the state’s Medicaid fraud is completed.

Key Details:

  • $243.8 million in deferred funds relates to unsupported or potentially fraudulent Medicaid claims
  • $15.4 million relates to claims involving individuals lacking satisfactory immigration status
  • Should Minnesota fail to address its program integrity vulnerabilities or demonstrate the expenditures are allowable, CMS warned it may defer more than $1 billion in federal funds over the next year
  • CMS also imposed a six-month nationwide moratorium on new Medicare enrollment for certain Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) suppliers, building on over $1.5 billion in suspected fraudulent billing stopped last year

Why This Matters for Puerto Rico: This is the clearest signal yet that CMS is willing to withhold significant Medicaid funding from jurisdictions with fraud vulnerabilities. Puerto Rico’s Medicaid program has historically faced scrutiny over program integrity. Coming on the heels of CMS’s proposed regulations from February 9 — which included tightened fraud verification measures — and the publication of the largest open-source Medicaid dataset the prior week, this action establishes a pattern. Puerto Rico should proactively examine its anti-fraud mechanisms and documentation practices to avoid a similar deferral. For healthcare providers and managed care organizations operating on the island, compliance posture has never been more critical.

FDA Launches “Plausible Mechanism” Framework for Ultra-Rare Diseases

Date: February 25, 2026

The FDA introduced a new framework designed to accelerate development and approval of individualized therapies for ultra-rare diseases. The “Plausible Mechanism” approach emphasizes targeting the root cause of disease, using well-characterized natural history data, confirming successful target engagement, and demonstrating clinical benefit through outcomes or validated biomarkers.

Key Details:

  • This is the first FDA framework explicitly facilitating approvals for individualized therapies after 25 years of development in personalized medicine
  • The approach allows evaluation of multiple product variants through master protocols, potentially reducing development costs
  • FDA anticipates the framework will streamline approvals and encourage innovation in personalized medicine

Puerto Rico Connection: The framework could benefit Puerto Rican patients with ultra-rare conditions by accelerating access to individualized therapies and reducing costs for treatments otherwise unavailable on the island.

OTHER DEVELOPMENTS

15 States Sue HHS Over Childhood Vaccine Schedule Changes

The attorneys general of 15 states — led by Arizona, California, and Colorado — along with the governor of Pennsylvania, filed suit against HHS to halt the agency’s decision to reduce the number of diseases children are routinely immunized against from 17 to 11. HHS has defended the new schedule as closely resembling Denmark’s model, while opponents argue that comparison is invalid given Denmark’s nationalized healthcare system and much smaller population.

HHS Restructuring Research Office

HHS plans to restructure the Office of Planning, Research and Evaluation (OPRE), reducing staff from 120 to approximately 20 and moving most work under political appointees. Over 130 organizations and research institutions criticized the plan, warning it would effectively dismantle OPRE’s independent evaluation work. OPRE manages over $150 million in grants and contracts providing evidence-based assessments of federal programs for low-income children and families.

Surgeon General Nomination Uncertain

Trump’s Surgeon General nominee, Casey Means, faces an uphill confirmation battle after declining to address questions about vaccine efficacy at her Senate confirmation hearing.

LOOKING AHEAD

No Health Subcommittee hearings or markups have been announced for the week of March 2.

On Our Radar:

  • Whether CMS takes similar fraud-related funding actions against other states or territories, including Puerto Rico
  • Implementation of the DMEPOS enrollment moratorium and its impact on medical equipment suppliers
  • Congressional response to the 15-state vaccine schedule lawsuit
  • Puerto Rico Medicaid funding extension timeline under the CAA-2023 legislation
  • Casey Means confirmation prospects and implications for federal public health policy

NEED MORE DETAIL?

Maceira Zayas Law offers in-depth regulatory analysis, legislative tracking, and staff training on federal developments affecting Puerto Rico. For questions about any item in this briefing, or to schedule a consultation, contact:

Ginnell Torres, Health Attorney

gtorres@mzls.com

© 2026 Maceira Zayas Law. All rights reserved. This briefing is provided for informational purposes only and does not constitute legal advice.

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