KPS Gill, MD

KPSGILL Weekly · Issue of

Comment closing, a Board agenda and a refill rule

The 2026 record now holds 35 records across 6 jurisdictions.

Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

Now — closes today

Medicare Drug Price Negotiation comments

CMS-4215-P and two IPAY 2029 information collections close 17 August. Record

Next 7 days

Board meets 19–21 Aug · Medi-Cal Rx changes 21 Aug

Written comment to the Board closed 12 August; live comment remains. Record

Watching

Open windows and unimplemented recommendations

TGA to 2 October. CMS 2028 effectuation guidance to 18 September. Three OIG recommendations open against CMS.

The records

PROPOSED RULE — COMMENT PERIOD · PROPOSED · Centers for Medicare & Medicaid Services · United States ·

Medicare Drug Price Negotiation Program proposed rule closes for comment

CMS issued the proposed rule for the Medicare Drug Price Negotiation Program and the Part D benefit programme on 12 June 2026; it published in the Federal Register on 16 June and carried a 60-day comment period that closes today, 17 August 2026. Two revised information collection requests for initial price applicability year 2029 — Negotiation Program Drug Selection, and Drug Price Negotiation — carry the same 17 August due date.

For physicians. Today is the last day a physician's objection can be entered on the record for this rule. It is the comment window, not the rule, that closes: nothing in the proposal binds anyone yet. A separate window remains open — CMS's draft guidance on manufacturer effectuation of the maximum fair price in 2028, issued 16 July 2026, takes comments until 18 September 2026 at 11:59 p.m. Pacific, by email rather than through regulations.gov.

What it does not do. A proposed rule is not law. No duty, payment change or dispensing obligation arises from CMS-4215-P today, and the 2028 effectuation guidance is draft guidance rather than regulation.

Primary sources. CMS — Medicare Drug Price Negotiation Program: Regulations, Guidance and Policy Documents · Federal Register — CMS-4215-P (16 June 2026) · Regulations.gov — IPAY 2029 information collection comments

Affected analyses. Medicare Drug Price Negotiation · Pharmacy Benefit Managers Rebates And Transparency · Formulary Design And Patient Access · Public Participation In Regulation

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

PUBLIC MEETING — AGENDA PUBLISHED · PROPOSED · Medical Board of California · California ·

Medical Board of California quarterly meetings, 19–21 August: agenda published

Licensing Panel A and Panel B meet 19 August; the quarterly Board meeting runs 20 August 9:00 a.m.–5:00 p.m. and 21 August 9:00 a.m.–5:00 p.m. at the UC San Diego Viterbi Family Vision Research Center, 9449 Campus Point Drive, La Jolla, with WebEx access. The Board agenda includes the Enforcement Program Summary (item 5C, covering personnel, the expert reviewer programme and statistics); discussion and possible action on eighteen bills (item 7), among them AB 408 (Berman) on the physician health and wellness programme, four artificial-intelligence measures — AB 1979 (Bonta) and AB 2575 (Ortega) on AI in health care services, SB 903 (Padilla) on AI and mental-health professionals, and SB 1146 (Gonzalez) on digital replicas and synthetic performers in health advertising — SB 1002 (Niello) on a telehealth licence exemption for out-of-state physicians, AB 2386 (Alvarez) on the Licensed Physicians from Mexico Program, AB 1637 (Caloza) on medical records, and SB 849 (Weber Pierson) on reinstatement after surrender for sexual misconduct; legislative proposals for the 2026 Sunset Report (item 8); possible action on requiring continuing medical education on the topics in Business and Professions Code sections 2191, 2191.4, 2191.5, 2191.6 and 2196.9 (item 9); an Interstate Medical Licensure Compact update from the IMLCC executive director (item 12); a licensed-midwife education presentation (item 13); a Maternal Health Task Force update (item 14); and a presentation on artificial intelligence in health care by the Chief Health AI Officer of UC San Diego Health (item 15).

For physicians. This is the single densest overlap between a public agenda and this library in 2026: physician wellness, four AI bills, CME mandates, the Compact, telehealth licensure and maternal health all appear on one agenda. Two practical points for a physician who wants to be heard. The written-comment deadline has passed — the agenda set it at Wednesday 12 August — so the remaining route is live comment, limited to three minutes per agenda item with twenty minutes total per item, apportioned between in-person and remote speakers. And the agenda is the boundary: under Bagley-Keene the Board may not act on anything not listed, so an item absent from this agenda cannot be decided this week.

What it does not do. An agenda establishes what may be discussed, not what will be decided; every item is captioned 'discussion and possible action', and the Board states that times and order may change. Nothing here reports an outcome. A bill on the agenda is a bill, not law — Board support or opposition changes no duty. Follow-up records will be created only for actions the Board actually takes on 20–21 August.

Primary sources. Medical Board of California — Quarterly Board Meeting agenda, 20–21 August 2026 (PDF) · Medical Board of California — Licensing Panel A agenda, 19 August 2026 (PDF) · Medical Board of California — Licensing Panel B agenda, 19 August 2026 (PDF) · Medical Board of California — Meeting details page

Affected analyses. The Ab 408 Post Mortem · Physician Wellness Programs · When Burnout Is Treated As Misconduct · California And The Imlc · Interstate Licensure Limits · Telemedicine Across State Lines · Cme Vs Continuing Certification · Initial Continuing And Maintenance Of Certification

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

BENEFIT POLICY CHANGE · FINAL · Department of Health Care Services — Medi-Cal Rx · California ·

Medi-Cal Rx early-refill thresholds change for members 21 and older

From 21 August 2026 Medi-Cal Rx applies revised early-refill thresholds to members aged 21 and older. A refill is blocked where the member has not used at least 75 per cent of the previous fill of the same medication by name, strength and formulation — 90 per cent for opioids — or where cumulative early fills exceed a 20-day supply of that same medication across a 180-day period. Non-conforming claims deny with Reject Code 88, DUR Reject Error, reason-for-service code ER, overutilisation, and are subject to override limits. A vacation-supply override using submission clarification code 03 is available once per 365 days.

For physicians. This is a point-of-sale change, so the physician learns about it from a patient whose pharmacy has refused a refill, not from a notice. The 90-per-cent opioid threshold is stricter than the 75-per-cent general rule, which matters most for patients on stable chronic opioid therapy travelling or transitioning between facilities, and the once-per-year vacation override is a limited remedy that is consumed the first time it is used.

What it does not do. The change alters refill timing thresholds and claim adjudication only. It does not change coverage, formulary status, quantity limits or prior-authorisation criteria for any drug, and it does not apply to members under 21.

Primary sources. Medi-Cal Rx — Coming Soon: Updates to the Early Refill Policy (PDF) · DHCS — Pharmacy benefits frequently asked questions

Affected analyses. Medi Cal Dental Vision Pharmacy And Medical Benefits · Medi Cal In Plain Language · Medication Adherence Guide · Safe Medication Storage Disposal · Opioid Safety Overdose Recognition Naloxone · Medication Safety During Travel

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

AUDIT / OVERSIGHT FINDING · CURRENT · HHS Office of Inspector General · United States ·

OIG estimates $15.2 million in improper Medicare payments for sacroiliac-joint injections

OIG reviewed sacroiliac-joint injection sessions billed to Medicare between 1 October 2023 and 30 September 2024. From a sample of 100 sessions it found 72 did not comply with Medicare requirements, and it projected that 134,526 of the 186,842 sessions in its review universe were improperly paid, an estimated $15.2 million. A large share of the errors involved therapeutic injections billed as though they were diagnostic. OIG recommended that CMS expand contractor education and consider greater national consistency in local coverage rules; CMS concurred with two of the three recommendations.

For physicians. The exposure here is coding and documentation, not fraud. Because the error pattern is diagnostic-versus-therapeutic classification and local coverage determinations differ between contractors, a physician can bill identically in two jurisdictions and be compliant in one. The recommendation for national consistency is the part to watch: if CMS acts on it, the coverage rule a practice relies on may change without any new statute.

What it does not do. An audit finding is not an enforcement action. OIG made no allegation of fraud, named no physician, and established no violation by any individual clinician. The recommendations run to CMS, not to providers, and remain open and unimplemented.

Primary source. HHS OIG — Medicare Improperly Paid Physicians an Estimated $15.2 Million for Sacroiliac Joint Injections

Affected analyses. Interpreting Enforcement Statistics · Why Enforcement Data Need Context · Inspectors General And Gao In Health Oversight · The False Claims Act In Healthcare · Quality Measures And Gaming

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

AUDIT / OVERSIGHT FINDING · CURRENT · HHS Office of Inspector General · United States ·

OIG finds Kansas did not ensure Medicaid managed-care parity compliance on prior authorisation

OIG reported that Kansas did not ensure its Medicaid managed-care organisations complied with mental-health and substance-use-disorder parity requirements as those requirements apply to prior authorisation.

For physicians. Parity is usually litigated as a coverage question; this report locates it in utilisation management, where the physician actually meets it. A prior-authorisation protocol that is more restrictive for behavioural health than for medical or surgical care is a parity problem in its own right, independent of whether the benefit is covered at all.

What it does not do. The finding is directed at state oversight of its managed-care plans. It is not a penalty, not a finding against any plan's clinical staff, and not a determination about any individual authorisation decision.

Primary source. HHS OIG — What's New (report A-07-24-02842)

Affected analyses. Mental Health Parity Enforcement · Claim Denials And The Appeals Ladder · Peer To Peer Review · Ai In Utilization Management · Public Reporting Of Pa Metrics

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

CONSULTATION · PROPOSED · Therapeutic Goods Administration · Australia ·

TGA consults on releasing more medical-device safety and performance information

The TGA opened a consultation running from 13 August to 2 October 2026 on expanding what it may lawfully release about medical devices under section 61 of the Therapeutic Goods Act 1989, so that more information reaches the public following post-market reviews and investigations — particularly where findings concern a device's safety, quality, performance or use. The proposal is framed as implementing the intent of An Action Plan for Medical Devices.

For physicians. If adopted, the post-market record becomes visible rather than inferable. Australian clinicians would be able to see that a device they use has been through a review and what the review found, which is information that currently reaches prescribers only through recalls and safety alerts.

What it does not do. This is a consultation on a proposal, not a regulatory change. Nothing is required of any sponsor or clinician, no disclosure obligation exists yet, and the outcome will be published after the closing date.

Primary sources. TGA — Consultation on sharing more information about medical devices · TGA — Consultation on improving the sharing of information about medical devices

Affected analyses. Pre Market Vs Post Market Surveillance · How The Fda Reviews Ai Enabled Devices · Global Ai Standards · Cybersecurity In Connected Devices · Reporting On Ai Enabled Devices

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·

MARKETING AUTHORISATION — ACCELERATED APPROVAL · CURRENT · Food and Drug Administration · United States ·

FDA grants accelerated approval to Tudriqev for anti-PD-1 refractory advanced melanoma

On 6 August 2026 the FDA granted accelerated approval to Tudriqev (vusolimogene oderparepvec-wtpg), a genetically modified HSV-1 oncolytic viral therapy, in combination with nivolumab, for adults with unresectable advanced cutaneous melanoma that progressed on a PD-1-blocking antibody regimen. The open-label single-arm trial enrolled 140 patients and evaluated 91; 24 per cent achieved an objective response, with a median duration of 14.1 months. The product is injected intratumourally every two weeks for eight doses, with nivolumab from week three. The application held Breakthrough Therapy and Priority Review designations and went before the Cellular, Tissue, and Gene Therapies Advisory Committee on 30 July 2026.

For physicians. For primary care the relevance is not prescribing but explanation: patients will ask what an accelerated approval means. It means the evidence supporting approval is a response rate and its duration in a single-arm trial, not a survival advantage over an alternative, and that continued approval is contingent on confirmatory trials. Safety counselling includes the risk of transmitting herpes infection to close contacts and of herpes reactivation in the patient.

What it does not do. This is a marketing authorisation, not an institutional enforcement action, and it is deliberately excluded from the enforcement ledger so that taxonomy keeps its meaning. Clinical benefit has not been verified; the approval may be withdrawn if confirmatory trials do not confirm it.

Primary source. FDA — FDA Approves New Engineered Viral Immunotherapy for Patients with Treatment-Resistant Advanced Melanoma (6 Aug 2026)

Affected analyses. Accelerated Approval And Confirmatory Trials · Real World Evidence In Regulatory Decisions · Clinical Trial Diversity And Results Transparency · Cancer Screening When And What Tests You Need

Verified · Reviewed and approved for publication by Kanwar Partap Singh Gill, MD ·