On October 13, 2026, HHS Secretary Robert F. Kennedy formally delegated to CMS the immediate authority to exclude providers from Medicare and Medicaid, according to a notice posted in the Federal Register. This replicates the authority previously held solely by the HHS Office of the Inspector General (OIG) to exclude providers following an investigation. Secretary Kennedy has noted that the new authority will not impact the previous delegation of these authorities to OIG. Further, CMS will not be permitted to conduct hearings and to issue regulations related to this authority.

This notice follows a press conference hosted by HHS on July 21, 2026, during which Secretary Kennedy announced his intent to grant CMS this authority.

The notice, as posted in the Federal Register, may be found here. The press release from the July 21, 2026, HHS press conference may be found here.

Impact on General Dentistry: For providers participating in Medicare or Medicaid, the expanded exclusion authority further demonstrates the importance of billing accuracy, documentation, and compliance with federal program requirements.