HR 10636 — 119th Congress

Medicaid Fraud Prevention Act

Introduced Sep 28, 2026 Open for voting
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Core Policy Mechanism Top 1

State Medicaid Fraud Risk Assessment Mandate

Requires every state Medicaid program to conduct annual fraud risk assessments covering fee-for-service, managed care, and enrollment systems, then implement corrective action plans within 90 days of each assessment. Directs HHS to publish standardized guidelines by January 1, 2027 for classifying, scoring, and comparing Medicaid fraud risks across states, enabling consistent national benchmarking of state program integrity assessments. Requires HHS to submit an annual report to Congress analyzing state Medicaid fraud findings, identifying national fraud trends, evaluating state corrective actions, and recommending legislative or administrative reforms.

  • Population Scope High All 50 state Medicaid programs are directly bound, collectively covering roughly 90 million enrollees — well over 25% of the U.S. population.
  • Budgetary Magnitude Low No funds are authorized or appropriated; costs are administrative burdens on states and the Department of Health and Human Services (HHS) with no explicit federal appropriation.
  • Legal / Regulatory Depth High Creates a new binding statutory mandate in 42 U.S.C. § 1396a requiring annual state assessments, 90-day corrective action plans, and recurring federal reporting — substantive new duties enforceable as conditions of Medicaid participation.
  • Degree of Discretion Granted Medium States are bound by mandatory 'shall' language throughout, but HHS retains meaningful discretion in establishing the assessment guidelines that define risk categories, scoring criteria, and comparability standards.
  • Implementation & Enforcement Burden Medium Imposes recurring compliance obligations on all state Medicaid agencies — annual assessments, corrective action plans, and annual reports — without creating new penalties or enforcement machinery beyond existing Medicaid conditions of participation.
  • Temporal Commitment High Obligations recur annually with no expiry date or reauthorization trigger, persisting indefinitely until Congress acts to repeal or modify them.
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Summary

This bill requires each state to conduct yearly fraud risk assessments of its Medicaid program, covering fee-for-service payments, managed care, and enrollment systems. States must fix problems found in those reviews within 90 days and report results to the federal government each year. The Secretary of Health and Human Services (HHS) must set assessment guidelines and send Congress an annual report on national Medicaid fraud trends.

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Original
Initial publication
Sep 28, 2026
Sep 28, 2026 No votes yet — —

Core Policy Mechanism Top 1

State Medicaid Fraud Risk Assessment Mandate

Requires every state Medicaid program to conduct annual fraud risk assessments covering fee-for-service, managed care, and enrollment systems, then implement corrective action plans within 90 days of each assessment. Directs HHS to publish standardized guidelines by January 1, 2027 for classifying, scoring, and comparing Medicaid fraud risks across states, enabling consistent national benchmarking of state program integrity assessments. Requires HHS to submit an annual report to Congress analyzing state Medicaid fraud findings, identifying national fraud trends, evaluating state corrective actions, and recommending legislative or administrative reforms.

  • Population Scope High All 50 state Medicaid programs are directly bound, collectively covering roughly 90 million enrollees — well over 25% of the U.S. population.
  • Budgetary Magnitude Low No funds are authorized or appropriated; costs are administrative burdens on states and the Department of Health and Human Services (HHS) with no explicit federal appropriation.
  • Legal / Regulatory Depth High Creates a new binding statutory mandate in 42 U.S.C. § 1396a requiring annual state assessments, 90-day corrective action plans, and recurring federal reporting — substantive new duties enforceable as conditions of Medicaid participation.
  • Degree of Discretion Granted Medium States are bound by mandatory 'shall' language throughout, but HHS retains meaningful discretion in establishing the assessment guidelines that define risk categories, scoring criteria, and comparability standards.
  • Implementation & Enforcement Burden Medium Imposes recurring compliance obligations on all state Medicaid agencies — annual assessments, corrective action plans, and annual reports — without creating new penalties or enforcement machinery beyond existing Medicaid conditions of participation.
  • Temporal Commitment High Obligations recur annually with no expiry date or reauthorization trigger, persisting indefinitely until Congress acts to repeal or modify them.
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Core Policy Mechanism

State Medicaid Fraud Risk Assessment Mandate