During a July 20, 2026, press conference, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced plans to delegate the authority to exclude participation in federal health care programs under the Social Security Act–which has long been held solely by HHS’ Office of Inspector General (OIG)–to the Centers for Medicare and Medicaid Services (CMS).
With this new authority, CMS could, for example, apply to a permanent exclusion from Medicare program participation.
HHS regulations under title 42 of the Code of Federal Regulations outline the role of the OIG in program integrity and enforcing program exclusions.
The regulations address the parameters for exclusions, with minimum terms of five years for mandatory exclusions and no cap on the duration of an exclusion.
With both OIG and CMS now having the authority to exclude providers, this consolidation of power is potentially concerning, and we will continue to monitor the intersection with other policy proposals.
