CORRECTED ENTRY: the June 16 OMB submission was the Medicaid funding rule, not the hospital Conditions of Participation rule
OtherCMS
- Date
- Actor
- HHS / CMS; Office of Management and Budget
- Agency
- Centers for Medicare & Medicaid Services (CMS)
- Type
- Other (correction of a conflated entry)
Summary
This entry originally reported that CMS sent the hospital Conditions of Participation ban to OMB as a final rule on June 16, 2026. That is wrong, and the error is preserved here rather than deleted because the conflation appears in contemporaneous trade reporting and is likely to recur. Verified against OIRA's own review database: the review received June 16, 2026 and concluded August 10, 2026 was RIN 0938-AV73 (CMS-2451), the Medicaid/CHIP funding rule, which published August 13, 2026 (91 FR 52406). The hospital CoP rule is RIN 0938-AV87 (CMS-3481), and it has exactly one OIRA review record — the proposed rule (received Aug. 7, 2025, concluded Dec. 17, 2025). No final-stage CoP review exists, pending or concluded; the rule does not appear on OIRA's pending list as of August 20, 2026. The two rules were companion NPRMs published the same day (90 FR 59441 and 90 FR 59463), which is the likely source of the mix-up.
Status
The hospital CoP rule remains a proposed rule only. Comments closed February 17, 2026 with 30,893 received; CMS stated in the Medicaid rule's preamble on August 13, 2026 that it "continue[s] to separately review comments received on the Hospital COP proposed rule." Unified Agenda projects final action December 2026; the outside statutory limit under MMA § 902 is December 19, 2028. No litigation challenges the CoP rule (a proposed rule is generally not final agency action). Note also that the District of Oregon injunction sometimes associated with this rule does not reach it — see the correction below.
As recorded in the data of . Check the sources for anything newer.
Documents
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Medicare and Medicaid Programs; Hospital Condition of Participation: Prohibiting Sex-Rejecting Procedures for Children, 90 Fed. Reg. 59,463 (proposed Dec. 19, 2025) (to be codified at 42 C.F.R. pt. 482).
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Medicaid Program; Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children, 91 Fed. Reg. 52,406 (Aug. 13, 2026) (codified at 42 C.F.R. pts. 441, 457).