March 27, 2026

Health Care Week in Review | HHS Announces New Healthcare Advisory Committee; Trump Administration Issues EO on DEI Practices in Federal Contracting

Robert Stone, Timothy Trysla Alston & Bird + Follow Contact LinkedIn Facebook X Send Embed Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and analyses; and other health policy news.

Highlight of the Week

This week, HHS announced a new advisory committee to provide non-binding recommendations related to Medicare, Medicaid, CHIP, and the Health Insurance Marketplace, and the Trump Administration issued an executive order (EO) directing federal agencies to cancel contracts with businesses that engage in “racially discriminatory” DEI practices.

Regulations, Notices & Guidance

• On March 23, 2026, the Centers for Disease Control and Prevention (CDC) released a notice entitled, Solicitation of Nominations for Appointment to the Mine Safety and Health Research Advisory Committee. In accordance with the Federal Advisory Committee Act, CDC is seeking nominations for membership on the Mine Safety and Health Research Advisory Committee (MSHRAC). The MSHRAC consists of 10 experts in fields associated with mining safety and health research and practice. Nominations for membership on the MSHRAC must be received no later than April 22, 2026.
• On March 23, 2026, the National Institutes of Health (NIH) released a request for information (RFI) entitled, Request for Information (RFI): Inviting Comments and Suggestions on a Framework for the NIH-Wide Strategic Plan for Fiscal Years 2027-2031. This RFI is intended to gather broad public input to assist NIH in developing the NIH-Wide Strategic Plan for Fiscal Years (FY) 2027-2031. NIH invites input from stakeholders throughout the scientific research, advocacy, and clinical practice communities, as well as the public, regarding the proposed framework for the FY27-FY31 NIH-Wide Strategic Plan. Organizations are strongly encouraged to submit a single response that reflects the views of their organization and their membership as a whole. Comments regarding this information collection are best assured of having their full effect if received by May 26, 2026.
• On March 23, 2026, NIH released a notice entitled, Notice of Charter Renewal. NIH is providing notice that the charter for the National Cancer Institute Clinical Trials and Translational Research Advisory Committee (CTAC) is being renewed for an additional two-year period on April 14, 2026. It is determined that the CTAC is in the public interest in connection with the performance of duties imposed on NIH by law, and that these duties can best be performed through the advice and counsel of this group.
• On March 24, 2026, the Food and Drug Administration (FDA) released a final order entitled, General and Plastic Surgery Devices; Reclassification of Optical Diagnostic Devices for Melanoma Detection and Electrical Impedance Spectrometers, To Be Renamed Software-Aided Adjunctive Diagnostic Devices for Use on Skin Lesions by Physicians Trained in the Diagnosis and Management of Skin Cancer. FDA is issuing a final order reclassifying optical diagnostic devices for melanoma detection and electrical impedance spectrometers, both postamendments class III device types, into class II (special controls), subject to premarket notification. FDA is also renaming and codifying these devices under the new classification regulation named “software-aided adjunctive diagnostic devices for use on skin lesions by physicians trained in the diagnosis and management of skin cancer.” FDA is also establishing the special controls necessary to provide a reasonable assurance of safety and effectiveness of these devices.
• On March 26, 2026, CDC released a notice entitled, Lead Exposure and Prevention Advisory Committee; Notice of Charter Renewal. CDC is providing notice of the renewal of the charter of the Lead Exposure and Prevention Advisory Committee. This charter has been renewed for a two-year period through March 11, 2028.
• On March 26, 2026, the White House released an executive order (EO) entitled, Addressing DEI Discrimination by Federal Contractors. The EO requires executive departments and agencies to ensure that contracts and contract-like instruments, including contractors’ subcontractors and subcontractors’ lower-tier subcontracts, include a clause prohibiting engagement in “racially discriminatory” diversity, equity, and inclusion (DEI) activities. The EO directs the Office of Management and Budget (OMB) Director to issue guidance requiring that contracting agencies cancel, terminate, or suspend any contract or contract-like instrument if the contractor or subcontractor fails to comply with the clause provided by this EO and take appropriate action to suspend and debar contractors or subcontractors for failure to comply. The EO also orders the OMB Director, in coordination with the Attorney General, the Assistant to the President for Domestic Policy, and the Chair of the Equal Employment Opportunity Commission, to identify economic sectors that pose a particular risk of entities engaging in “racially discriminatory” DEI activities based on current or past conduct and issue additional guidance regarding best practices to ensure compliance with this EO within such sectors. Furthermore, within 120 days, each agency head must review and report their agency’s implementation of this EO to the Assistant to the President for Domestic Policy, and must regularly review and take appropriate measures to ensure compliance. The EO directs the Attorney General to consider whether to bring actions under the False Claims Ac t against contractors or subcontractors that violate this EO and to ensure prompt review of civil actions brought by private persons concerning federal contracts or subcontracts. Additionally, the EO directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to provide for inclusion in federal procurement, solicitations, and contracts of the clause required in this EO and to remove any provisions that conflict or are inconsistent with the clause described in this EO. Within 60 days, the Federal Acquisition Regulatory Council must issue deviation and interim guidance under the Federal Acquisition Regulation regarding agency implementation of the clause described in this EO before completion of the amendments required by this EO.
• On March 27, 2026, FDA released guidance entitled, Incorporating Voluntary Patient Preference Information over the Total Product Life Cycle. FDA is issuing this guidance to provide recommendations on when and what methods to use to collect and submit patient preference information (PPI) for a device to FDA. This guidance explains the principal concepts that sponsors and other interested parties should consider when choosing to collect and submit PPI to aid in FDA-decision making across the total product life cycle. This guidance provides clarity on when and in what contexts different methods are best applied. This guidance supersedes FDA’s guidance entitled, Patient Preference Information – Voluntary Submission, Review in Premarket Approval Applications, Humanitarian Device Exemption Applications, and De Novo Requests, and Inclusion in Decision Summaries and Device Labeling.
• On March 27, 2026, FDA released a proposed rule entitled, Microbiology Devices; Reclassification of Mycobacterium tuberculosis Cell-Mediated Immunity Tests and Immune Response Enzyme-Linked Immunospot Tests. FDA is proposing to reclassify Mycobacterium tuberculosis cell-mediated immunity tests and Mycobacterium tuberculosis cell-mediated immune response enzyme-linked immunospot tests intended for use as an aid in the diagnosis of Mycobacterium tuberculosis infection, both of which are postamendments class III devices (premarket approval), into class II (special controls), subject to premarket notification. FDA is also proposing a new device classification regulation along with the special controls that FDA believes are necessary to provide a reasonable assurance of safety and effectiveness for these devices.

Event Notices

Please note that two asterisks (**) preceding the item indicate a new event.

• March 30-31, 2026: NIH announced a meeting of the National Institute on Aging. This is a hybrid meeting with some sessions open to the public.
• April 6, 2026: NIH announced a meeting of the National Advisory Allergy and Infectious Diseases Council. This is a virtual meeting with some sessions open to the public.
• April 7, 2026: NIH announced a meeting of the Advisory Committee on Research on Women’s Health. This is a hybrid meeting open to the public.
• ***April 8, 2026:* NIH announced a meeting of the National Cancer Advisory Board Ad hoc Working Group on Extramural Research Concepts and Programs. This is a virtual meeting open to the public.
• April 9-10, 2026: NIH announced a meeting of the Sleep Disorders Research Advisory Board. This is a hybrid meeting open to the public.
• April 12, 2026: NIH announced a meeting of the Office of AIDS Research Advisory Council. This is a hybrid meeting open to the public.
• April 17, 2026: NIH announced a meeting of the National Center for Complementary & Integrative Health. This is a hybrid meeting with some sessions open to the public.
• April 23, 2026: NIH announced a meeting of the National Library of Medicine Board of Scientific Counselors. This is a hybrid meeting with some sessions open to the public.
• ***April 29, 2026:* CDC announced a meeting of the Advisory Board on Radiation and Worker Health. This is a virtual meeting open to the public.
• April 30, 2026: FDA announced a meeting of the Oncologic Drugs Advisory Committee. This is a hybrid meeting open to the public.
• May 4-5, 2026: NIH announced **** a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting open to the public.
• May 5, 2026: NIH announced a meeting of the National Advisory Council on Alcohol Abuse and Alcoholism. This is a hybrid meeting with some sessions open to the public.
• May 7, 2026: The Assistant Secretary for Technology Policy (ASTP) announced a meeting of the Health Information Technology Advisory Committee. This is a hybrid meeting open to the public.
• May 12, 2026: NIH announced a meeting of the Board of Regents of the National Library of Medicine. This is a virtual meeting with some sessions open to the public.
• May 13, 2026: NIH announced a meeting of the National Institute on Aging. This is an in-person meeting with some sessions open to the public.
• May 13, 2026: NIH announced a meeting of the National Diabetes and Digestive and Kidney Diseases Advisory Council. This is a hybrid meeting with some sessions open to the public.
• May 18-19, 2026: NIH announced a meeting of the National Advisory Council for Human Genome Research. This is a hybrid meeting with some sessions open to the public.
• May 19, 2026: NIH announced a meeting of the National Advisory Council for Nursing Research. This is a hybrid meeting open to the public.
• May 19, 2026: NIH announced a meeting of the Interagency Autism Coordinating Committee. This is a hybrid meeting open to the public.
• ***May 19, 2026:* NIH announced a meeting of the National Advisory Council on Minority Health and Health Disparities. This is a virtual meeting open to the public.
• May 21, 2026: NIH announced a meeting of the National Advisory General Medical Sciences Council. This is a virtual meeting open to the public.
• June 1-2, 2026: NIH announced a meeting of the Fogarty International Center Advisory Board. This is a hybrid meeting with some sessions open to the public.
• June 2, 2026: NIH announced a meeting of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. This is a hybrid meeting with some sessions open to the public.
• June 5, 2026: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting with some sessions open to the public.
• ***June 5, 2026:* CDC announced a meeting of the e Subcommittee on Procedures Reviews of the Advisory Board on Radiation and Worker Health. This is a virtual meeting open to the public.
• June 8-9, 2026: FDA announced a public workshop entitled, Fiscal Year 2026 Generic Drug Science and Research Initiatives Workshop. This is a hybrid meeting open to the public.
• June 10-11, 2026: NIH announced a meeting of the National Institute of Diabetes and Digestive and Kidney Diseases. This is a hybrid meeting with some sessions open to the public.
• June 12, 2026: FDA announced a public hearing related to the Commissioner’s National Priority Voucher (CNPV) Pilot Program. This is a hybrid meeting open to the public.
• June 15, 2026: NIH announced a meeting of the National Institute of Environmental Health Sciences Board of Scientific Counselors. This is a hybrid meeting with some sessions open to the public.
• June 15-16, 2026: The Department of Health and Human Services (HHS) announced a meeting of the Physician-Focused Payment Model Technical Advisory Committee (PTAC). This is a hybrid meeting open to the public.
• June 29, 2026: NIH announced a meeting of the National Cancer Advisory Board. This is a hybrid meeting with some sessions open to the public.
• July 8, 2026: NIH announced a meeting of the National Advisory Child Health and Human Development Council. This is a hybrid meeting with some sessions open to the public.
• September 10-11, 2026: NIH announced a meeting of the Fogarty International Center Advisory Board. This is a hybrid meeting with some sessions open to the public.
• September 14-15, 2026: HHS announced a meeting of PTAC. This is a hybrid meeting open to the public.
• September 15-16, 2026: NIH announced a meeting of the National Advisory Council on Aging. This is a hybrid meeting with some sessions open to the public.
• September 24, 2026: ASTP announced a meeting of the Health Information Technology Advisory Committee. This is a virtual meeting open to the public.
• November 5, 2026: ASTP announced a meeting of the Health Information Technology Advisory Committee. This is a virtual meeting open to the public.
• December 7-8, 2026: NIH announced a meeting of the Eunice Kennedy Shriver National Institute of Child Health & Human Development. This is a hybrid meeting open to the public.
• December 8-9, 2026: HHS announced a meeting of PTAC. This is a hybrid meeting open to the public.

Reports, Studies & Analyses

• On March 24, 2026, the Government Accountability Office (GAO) released a report entitled, FDA Advisory Committees: More Transparency Needed on Policies for Making Conflict of Interest Determinations. GAO examined FDA documentation on advisory committees, reviewed published research on the outcomes of FDA’s conflict of interest review process, and interviewed FDA officials and stakeholders familiar with advisory committee meetings. Between June 2018 and May 2025, FDA invited an average of 29 committee members to each of the 17 most recent meetings of committees that discuss opioids. Across these meetings, FDA’s conflict of interest review process resulted in members being recused from participation 15 times. FDA also granted financial conflict of interest waivers to allow members to participate when the agency determined that their expertise was needed and that their financial interest was not substantial. In addition, FDA authorized members with appearance issues to participate in meetings seven times. GAO found these outcomes to be comparable to those of other FDA committees it reviewed.

While FDA uses a combination of government-wide requirements and internal policies to guide its conflict of interest review process, the agency does not publicly share how it determines whether committee members have financial conflicts of interest or whether they should participate in meetings. FDA has not yet finalized required guidance on the matter more than 13 years after federal law mandated it. Moreover, FDA does not publicly disclose how it determines whether guest speakers have financial conflicts or appearance issues, or whether they should be permitted to participate. GAO issued several recommendations to FDA, including that the agency: (1) establish a time frame for issuing and publicly sharing required financial conflict of interest guidance; (2) make public how it determines these conflicts for committee members in the interim; and (3) make public how it determines conflicts and appearance issues for guest speakers. HHS concurred with the recommendations.
- On March 27, 2026, KFF released a report entitled, One or Two Health Systems Controlled the Entire Market for Inpatient Hospital Care in Nearly Half of Metropolitan Areas in 2024. The report assessed the competitiveness of markets for hospital care in 2024 using the share of metropolitan statistical areas (MSAs) controlled by a small number of health systems, the level of market concentration in MSAs based on the Herfindahl-Hirschman Index (HHI), and the share of hospitals affiliated with health systems over time. The analysis included general short-term or general medical and surgical hospitals and excludes federal hospitals. The report found that in 2024, one or two health systems controlled the entire inpatient hospital care market in 47 percent of metropolitan areas. In 83 percent of metropolitan areas, one or two health systems controlled more than 75 percent of the market. Approximately 97 percent of metropolitan areas had highly concentrated inpatient hospital markets. Additionally, 80 percent of hospital markets in metropolitan areas either became less competitive between 2015 and 2024 or were controlled by a single health system throughout that period.

Hearings & Markups

• On March 25, 2026, the House Committee on Veterans Affairs Subcommittee on Oversight and Investigations held a Legislative Hearing on 12 bills, including: Discussion Draft, the Vets CLEAR Act; Discussion Draft, to amend title 38, United States Code, to require that certain sterile processing technicians of the Veterans Health Administration hold appropriate professional certifications, and for other purposes; and Discussion Draft, to amend title 38, United States Code, to modify the rate of pay for care or services provided under the Community Care Program of the Department of Veterans Affairs based on the location at which such care or services were provided, and for other purposes.
• On March 26, 2026, the House Committee on Education and the Workforce held a hearing entitled, U.S. Universities Under Siege: Foreign Espionage, Stolen Innovation, and the National Security Threat. Witnesses included: Domenico Grasso, Ph.D., M.S., Interim President, University of Michigan; Cassandra Farley, Senior Director, Research Integrity, Security & Compliance, University of Florida; Melissa Emrey-Arras, Director, Education, Workforce, and Income Security Team, GAO; and Elsa Johnson, Editor-in-Chief, Stanford Review.
• On March 26, 2026, the House Committee on Energy and Commerce Subcommittee on Health held a hearing entitled, Policies to Protect Our Communities from Illicit Drug Threats. Witnesses included: Scott Oulton, President, INTR3PID Solutions LLC; K. Fred Gingrich II, D.V.M., Executive Director, American Association of Bovine Practitioners; Dennis Lemma, Sheriff, Seminole County, Florida, and Former President of the Major County Sheriffs of America; Nabarun Dasgupta, Ph.D., M.P.H., Senior Scientist and Gillings Innovation Fellow, University of North Carolina at Chapel Hill; and Yngvild Olsen, M.D., M.P.H., Former Director of the Center for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration (SAMHSA), and National Advisor, Manatt Health.

Other Health Policy News

• On March 25, 2026, Senators Jeanne Shaheen (D-NH), Susan Collins (R-ME), Raphael Warnock (D-GA) and John Kennedy (R-LA) introduced the Improving Needed Safeguards for Users of Lifesaving Insulin Now (INSULIN) Act. The bill would cap out-of-pocket cost of insulin at $35 per month or 25 percent of list price for patients with diabetes enrolled in private and employer-sponsored health plans. It would also require pharmacy benefit managers (PBMs) to pass through 100 percent of insulin rebates and other manufacturer discounts to plan sponsors. Additionally, the legislation would establish a pilot program for 10 states to provide insulin for $35 a month for uninsured diabetes patients and create a hotline and insulin resource center to support individuals without coverage.

The bill text can be found here. A press release can be found here.
- On March 26, 2026, Senators Tammy Baldwin (D-WI), Chuck Schumer (D-NY), and Ron Wyden (D-OR) led a letter signed by 14 other Senators to Administrator Oz urging the agency to withdraw the 2027 Notice of Benefit and Payment Parameters Proposed Rule. The letter argues that, if finalized, the proposed rule would result in two million Americans losing their health insurance coverage and would increase out‑of‑pocket costs for consumers. Specifically, the Senators state that the proposed rule would promote the use of catastrophic plans, leading to higher deductibles, and would allow insurers to increase maximum out‑of‑pocket costs for bronze plans above statutory limits. The Senators argue that the proposal would permit insurers to cover fewer services and would prohibit states from offering coverage of adult dental services as an essential health benefit. Additionally, the letter emphasizes that enrollees would lose protections related to maximum limits on the time and distance required to travel to access specialty care, mental health services, or necessary medical procedures. The letter urges CMS to re‑propose an annual Affordable Care Act (ACA) rule that would lower out‑of‑pocket costs and prioritize the interests of patients.

The letter can be found here. A press release can be found here.
- On March 27, 2026, HHS announced the members of a new Healthcare Advisory Committee to issue non-binding recommendations on how care is financed and delivered across Medicare, Medicaid, the Children’s Health Insurance Program (CHIP), and the Health Insurance Marketplace. Specifically, the Committee will focus on policies addressing: (1) prevention and management of chronic disease; (2) accountability for safety and outcomes while reducing administrative burden; (3) the use of real-time data to support a higher quality of care, speed up claims processing, and improve quality measurement; (4) care for vulnerable populations, including those served by Medicaid; and (4) the sustainability of Medicare Advantage (MA), including modernizing risk adjustment and quality measurement. The Healthcare Advisory Committee consists of 18 members, including: Robert Bessler, M.D.; Kimberly Brandt, J.D., ex officio; Sebastian Caliri; Stephanie Carlton, ex officio; David Carmouche, M.D.; Elizabeth Fago; Clive Fields, M.D.; William Gassen, J.D.; Jenni Gudapati, Ph.D.; Valerie Huhn; Dennis Laraway; Dan Liljenquist, J.D.; Andrew Lynch; Ursel McElroy; Kyu Rhee, M.D.; Tony Robbins; Russ Thomas; and Linda Thomas-Hemak, M.D.

A press release can be found here.
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