On April 4, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the contract year (“CY”) 2026 final rule for the Medicare Advantage (“MA”) program, Medicare Prescription Drug Benefit Program (“Part D”), Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly (the “Final Rule”). While CMS finalized several proposals of its Proposed Rule, it did not finalize many of its key proposals, including on anti-obesity medication (“AOM”) coverage, enhanced guardrails for artificial intelligence (“AI”), and various health equity related initiatives in MA and Part D.

Summarized below are some of the key provisions of the Final Rule.

MA and Part D Proposals Not Finalized

Perhaps most notable from the CY 2026 Final Rule are those proposals that CMS did not finalize. These include the following:

Moreover, CMS indicated that various currently effective regulations and policies are currently under review by the Trump Administration “to ensure consistency with the Executive Order 14192, Unleashing Prosperity Through Deregulation.” According to CMS, policies currently under review include the following:

FINALIZED MA AND PART D PROPOSALS

Covered Insulin Products and Vaccines

CMS finalized a proposal to codify a relatively modest expansion of the definition of a “covered insulin product” to include Part D coverage for drug products that are a combination of more than one type of insulin or both insulin and non-insulin drugs, which is consistent with existing CMS guidance. CMS also finalized proposals to eliminate cost sharing for both covered insulin products and for adult vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) covered under Part D. 

Medicare Prescription Payment Plan

CMS finalized regulatory requirements for the Medicare Prescription Payment Plan for 2026 and subsequent years, codifying provisions previously established in two-part guidance for 2025. The program, created under section 11202 of the Inflation Reduction Act, requires all Medicare Part D and MA-PD plan sponsors to offer enrollees the option to pay capped monthly installments on their out-of-pocket Part D drug costs, rather than paying the full amount at the point of sale. The goal is to ease financial pressure—especially for beneficiaries who incur high drug costs early in the year.

Most provisions from prior guidance were finalized without modification, including operational processes, election procedures, and outreach requirements. CMS also finalized several new provisions:

CMS stated that its approach was intended to limit disruption, reduce burden on plans, and give stakeholders time to gain experience with the program. The agency will continue to evaluate program implementation and consider refinements in future years.

Timely Submission Requirements for Prescription Drug Event (PDE) Records

CMS has finalized new regulatory requirements under § 423.325 to codify timely submission of Prescription Drug Event (PDE) records by Medicare Part D sponsors. These records are essential for payment accuracy and program integrity, especially for programs like the Coverage Gap Discount Program, the Manufacturer Discount Program, and the Medicare Drug Price Negotiation Program.

Previously guided by subregulatory policy, CMS now formalizes specific submission timelines:

Despite concerns about the 7-day timeline, CMS finalized it without changes, citing that most PDEs are already submitted within this window. The 90-day deadlines for adjustments and rejections remain unchanged. These timelines are now enforceable, and noncompliance may trigger CMS actions.

Medicare Transaction Facilitator Requirements for Network Pharmacy Agreements

CMS finalized the proposal requiring that Part D sponsors’ network participation agreements with contracting pharmacies, including any FDR contracts, require network pharmacies to be enrolled in the Medicare Drug Price Negotiation Program’s (‘‘Negotiation Program’’) Medicare Transaction Facilitator Data Module (‘‘MTF DM’’) and that such pharmacies certify the accuracy and completeness of their enrollment information in the MTF DM. According to CMS, the MTF DM will contain several key functionalities that are necessary and appropriate for administration of the Negotiation Program and the Part D program. Through each of these functionalities, the dispensing pharmacy’s enrollment in the MTF DM would help ensure continued access to selected drugs that are covered under Part D for beneficiaries and pharmacies and help maintain the accuracy of Part D claims information and payment. These functionalities are:

CMS published new guidance on its webpage on Tuesday, April 8th to provide pharmacies and other dispensing entities with resources for engaging with the new MTF system. Enrollment in the MTF is expected to begin in June 2025.

Clarifying MA Organization Determinations to Enhance Enrollee Protections in Inpatient Settings

In the Final Rule, CMS clarifies and expands the definition of “organization determinations” under § 422.566 to explicitly include decisions made while a beneficiary is receiving care, particularly inpatient services. The key reforms include the following:

These finalized requirements are intended to eliminate surprise denials, ensure transparency for providers and beneficiaries, and create a consistent standard across MA plans for inpatient decision-making. The Final Rule also introduces certain limited protections for beneficiaries and providers navigating MA plans’ prior authorization (“PA”) processes, including several provisions that restrict a plan’s ability to retroactively deny care after initial approval. Beginning in 2026:

Non-Allowable Special Supplemental Benefits for the Chronically Ill (SSBCI)

In the Final Rule, CMS adopts new regulatory restrictions for SSBCI. With some modifications from the Proposed Rule, CMS finalized a non-exhaustive list of non-allowable SSBCI benefits, codified at 42 C.F.R. § 422.102(f)(1)(iii).

Under existing regulations, SSBCI are not required to be primarily health related but must have a reasonable expectation of improving or maintaining the health or overall function of the enrollee, as established by the MA plan based on a bibliography of relevant acceptable evidence. In the Final Rule, CMS adopts a non-exhaustive list of non-primarily health related items or services that do not meet the standard of having a reasonable expectation of improving or maintaining the health or overall function of the enrollee. As finalized at 42 C.F.R. § 422.102(f)(1)(iii), examples of items or services that may not be offered as SSBCI include all of the following:

Modifications from the Proposed Rule include the addition of “non-healthy food” to the non-allowable SSBCI list. According to CMS, the addition of non-healthy food addresses comments requesting clarification on how plans may provide “Food is Medicine” (an initiative of HHS’ Office of Disease Prevention and Health Promotion) within the parameters of supplemental benefit requirements. In addition, CMS did not finalize proposals to expressly incorporate as non-allowable SSBCI “cash and monetary rebates” (which are prohibited by SSA § 1851(h)(4)(A)) or “gambling items (e.g., online casino games, lottery tickets), firearms and ammunition.”

Improving Experiences for Dually Eligible Enrollees

CMS finalized its proposed requirements for certain dual-eligible Special Needs Plans (“D-SNPs”) to further streamline and integrate care delivery for dual eligible beneficiaries. Specifically, finalized proposals include:

Require that SNPs update ICPs as warranted when there are changes in an enrollee’s health status or they have a healthcare transition.

Risk Adjustment Data

CMS finalized as proposed various technical changes to the definitions related to risk adjustment data, including a technical change to the definition of Hierarchical Condition Categories (HCCs) at § 422.2 to remove the reference to a specific version of the ICD to keep the HCC definition current as newer versions of the ICD become available and are adopted by CMS, as well as substituting the terms “disease codes” with “diagnosis codes” and “disease groupings” with “diagnosis groupings” to be consistent with ICD terminology. CMS also finalized its proposal to codify existing practice of requiring mandatory submission of risk adjustment data by PACE organizations and Section 1876 Cost plans, consistent with the risk adjustment data requirements applicable to MA plans.

Medical Loss Ratio (MLR) Reporting

In the Proposed Rule, CMS proposed a number of regulatory changes intended to improve the meaningfulness and comparability of the MLR across plan contracts, as well as align the MA and Part D MLR regulations with the regulations in the commercial and Medicaid MLR programs. However, in the Final Rule, CMS adopted only one MLR-related proposal — to exclude Medicare Prescription Payment Plan unsettled balances from the MLR numerator.

MLR related proposals that were not finalized include the following:

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