The Regulator

HHS finalizes HTI-5, a health IT deregulation rule it says will save developers more than $1.5 billion. The Office of the National Coordinator for Health Information Technology (ONC) released the Health Data, Technology, and Interoperability: ONC Deregulatory Actions to Unleash Prosperity final rule on October 26, and the Federal Register’s public inspection list shows it scheduled for publication today. Trade summaries report it removes 14 electronic health record (EHR) certification criteria, revises seven and keeps 39, and drops the 2023 requirement that predictive decision-support tools display source attributes, sometimes called model cards. ONC says the information blocking proposals from the earlier draft are not finalized and remain under consideration. Who it hits: EHR developers, which shed testing and reporting work, and hospitals and clinics that relied on the certification rules to require AI transparency from their vendors. So what: ONC projects savings begin in 2027 and says algorithm safety oversight belongs with the Food and Drug Administration (FDA) and nondiscrimination rules. Confidence: High that the rule was released and on the $1.5 billion figure; Med on the criteria counts and effective dates, which come from trade summaries because we could not open the Federal Register text. Sources: ONC and HHS announcement, Federal Register public inspection list. Supplemental: HITConsultant summary.

Starting November 3, every passenger boarding a U.S.-bound flight must sign a statement that they have not been in the Democratic Republic of the Congo in the past 21 days. The Centers for Disease Control and Prevention (CDC) issued the Ebola-related order October 22, and the Federal Register notice published October 27. It applies to U.S. citizens, permanent residents and connecting passengers, takes effect at 11:59 p.m. Eastern on November 3, and states no end date. Airlines must confirm an attestation before boarding, deny boarding to anyone without one, and keep each record for at least 42 days after arrival. Knowingly false statements can be prosecuted under 18 U.S.C. § 1001, the federal false-statements law. Who it hits: airlines, international travelers and travel agents. So what: carriers carry the compliance burden, and each passenger needs a separate form, because one attestation cannot cover a family. Confidence: High. Sources: CDC attestation order, Federal Register notice.

UPDATE: the comment deadline on CMS’s Affordable Care Act subsidy verification proposal is November 27, not the November 26 we estimated. The Federal Register entry for the Exchange Pre-Eligibility Verification proposed rule (CMS-9873-P, published October 27) states that comments must be received by November 27, 2026. Under the proposal, Exchanges would verify income, family size, citizenship or immigration status, other coverage and residence before paying advance premium tax credits or cost-sharing reductions. Who it hits: Exchange enrollees, brokers and insurers. So what: the correction matters for anyone filing, because Thanksgiving falls on November 26 and the printed date controls. Confidence: High, as the date comes from the Federal Register entry. Sources: Federal Register proposed rule, CMS fact sheet.

UPDATE: fugitive fraudster Herb Kimble is sentenced to 20 years and ordered to repay more than $199 million to Medicare. The HHS Office of Inspector General (OIG) listing, dated October 26, says Herbert Leon Kimble, 60, of Chicago, was convicted of conspiracy to defraud the United States and failure to appear, in what it calls an international healthcare fraud scheme. He must also forfeit more than $195 million in money and property, and the U.S. Attorney’s Office for the District of South Carolina announced the sentence from Columbia. Who it hits: Medicare, which is owed the restitution. So what: collecting restitution of that size from a defendant who was a fugitive is the hard part, and the listing does not say how much will be recovered. The listing gives few details on how the scheme worked, and we did not retrieve the Justice Department release. Confidence: High on sentence and amounts; Low on case details. Source: HHS Office of Inspector General enforcement listing.

Texas: a Harlingen couple who ran a medical equipment company is sentenced to 110 and 80 months in prison for a Medicare fraud scheme. The OIG listing, dated October 23, says Jeremiah Yzaguirre and Maria Luisa Yzaguirre, both 47, operated a durable medical equipment company and pleaded guilty April 22, 2025. U.S. District Judge Fernando Rodriguez Jr. ordered $9,248,976 in restitution to Medicare, with three years of supervised release for each and a $25,000 fine listed. Who it hits: Medicare, and legitimate equipment suppliers who compete with fraudulent billers. So what: restitution runs to $9.2 million, though the listing does not describe the billing method. Confidence: High on sentences and amounts; Low on case details. Source: HHS Office of Inspector General enforcement listing.