Federal Register Roundup: Medicare Thresholds, IRS Hearing, EXIM Survey, and More

Medicare: Appeals Thresholds Adjusted for 2027

The Centers for Medicare & Medicaid Services (CMS) has announced the annual adjustment to the amount in controversy (AIC) threshold amounts required to access Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. Effective for requests filed on or after January 1, 2027, the AIC threshold for ALJ hearings is set at $200 and the threshold for judicial review is set at $2,000. The notice explains that section 1869(b)(1)(E) of the Social Security Act originally established these thresholds at $100 and $1,000, respectively, for Medicare Part A and Part B appeals, and directed that beginning in January 2005 the amounts be adjusted annually by the percentage increase in the medical care component of the consumer price index (CPI) for all urban consumers (U.S. city average) for July 2003 to the July preceding the year involved, rounded to the nearest multiple of $10. The adjusted thresholds apply not only to Medicare Parts A and B appeals, but also to Medicare Part C/Medicare Advantage appeals, certain health maintenance organization and competitive medical plan appeals, and Medicare Part D (Prescription Drug Plan) appeals, pursuant to the applicable provisions of the Social Security Act and implementing regulations at 42 CFR parts 405, 417, 422, and 423.

Medicare: HCPCS Level II Public Meeting Scheduled for November

CMS also announced its second biannual Healthcare Common Procedure Coding System (HCPCS) Level II public meeting of 2026, to be held on Monday, November 2, 2026, from 9 a.m. to 5 p.m. Eastern Standard Time. The meeting will discuss CMS preliminary coding, Medicare benefit category, and Medicare payment determinations, as applicable, for new revisions to the HCPCS Level II code set for non-drug and non-biological items and services. The notice traces the meeting process to section 531(b) of the Medicare, Medicaid, and State Children's Health Insurance Program (SCHIP) Benefits Improvement and Protection Act of 2000 (BIPA), enacted December 21, 2000, which mandated that the Secretary establish procedures permitting public consultation for coding and payment determinations for new durable medical equipment (DME) under Medicare Part B. In 2020, CMS implemented biannual coding cycles for non-drug and non-biological items and services, and a December 28, 2021 final rule established procedures for making Medicare benefit category and payment determinations for new DME, prosthetic devices, orthotics and prosthetics, therapeutic shoes and inserts, surgical dressings, splints, casts, and other fracture-reduction devices under Medicare Part B. The meeting will be held with both in-person and virtual access via Teams; the public meeting agenda order will prioritize in-person speakers first. If all agenda items are not addressed on November 2, CMS will hold a subsequent virtual-only overflow session, proceeding through unaddressed items in agenda order. Each applicant whose HCPCS Level II code application is on the agenda may designate a primary speaker, who is allotted fifteen minutes total per agenda item, with any unused time forfeited.

IRS: Public Hearing Set on Racial Nondiscrimination Rule for Private Schools

The Treasury Department's Internal Revenue Service (IRS) has scheduled a public hearing for December 2, 2026, at 10:00 a.m. Eastern Time on proposed rulemaking REG-119986-25, which was published in the Federal Register on September 4, 2026. The proposed regulations would update existing regulations to provide that a private school is not described as an organization exempt from Federal income tax if it discriminates on the basis of race, color, or national or ethnic origin in the administration of its educational, admissions, scholarship, athletic, or other policies, based on what the document describes as the fundamental public policy of the United States against such practices. The affected regulations are found at 26 CFR 1. Individuals who wish to testify must submit an outline of the topics to be discussed, along with the time to be devoted to each topic, by November 3, 2026; each speaker will be allotted a period of 10 minutes. The notice states that if no outlines are received by November 3, 2026, the hearing will be cancelled and a notice of cancellation will be published in the Federal Register. Those wishing to attend without testifying must submit a request by November 30, 2026. Requests for special disability assistance must be received by November 27, 2026. Both speakers and attendees must contact the IRS by email to receive telephone number and access code information for the telephonic hearing.

EXIM Bank: Comment Period Open on Annual Competitiveness Survey

The Export-Import Bank of the United States (EXIM) is seeking public comment on the renewal of information collection EIB 00-02, the Annual Competitiveness Report Survey of Exporters and Lenders, under OMB Number 3048-0004. Comments are due on or before November 16, 2026. The notice explains that as required by the Export-Import Bank Act of 1945, specifically section 8A(a)(1) of EXIM's charter, the Bank surveys U.S. exporters and commercial lending institutions to understand their experience with EXIM "meeting financial competition from other countries whose exporters compete with United States exporters." The survey asks participants about their potential or completed deals involving EXIM, their opinions of EXIM's policies and procedures, their interaction with and perceptions of other export credit agencies, and the impacts of overall market conditions on their businesses. EXIM plans to survey exporters and lenders that have engaged with EXIM on medium- and long-term support over the previous calendar year or responded to at least one of EXIM's last two surveys. The notice estimates 100 respondents, an estimated time per respondent of 10 minutes, an annual frequency of response, and a total annual hour burden of 17 hours.

DOJ Antitrust: 1EdTech Consortium Updates Membership

The Department of Justice Antitrust Division published notice that on July 2, 2026, 1EdTech Consortium, Inc. (formerly known as IMS Global Learning Consortium, Inc.) filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Nine entities were added as parties: Digital Flex Education (Chicago, IL); OpenCampus (München, Federal Republic of Germany); AQL Labs (Seattle, WA); North Dakota University System–Core Technology Services (Grand Forks, ND); Technical College System of Georgia (Atlanta, GA); Rio Salado College (Tempe, AZ); Edlink (Austin, TX); Wiley (Hoboken, NJ); and Schoolinks (Austin, TX). Twelve entities withdrew: Fairfax County Public Schools, Corvallis School District, Perris Union High School District, Ivy Tech Community College, IDatafy, Scout Edu Inc., SuperWise Solutions, LearningLynks, University of London (CoSector), Terrace Metrics Inc., Charlotte Mecklenburg Schools, and Vigilo AS. The notice states that no other changes were made in either the membership or planned activity of the group research project and that membership remains open. The consortium's original notification was filed on April 7, 2000; the most recent prior notification was filed April 15, 2026.

What to Watch

• November 2, 2026 — CMS HCPCS Level II public meeting (primary session), 9 a.m.–5 p.m. EST; overflow virtual session to follow if needed.
• November 3, 2026 — Deadline for speakers to submit outlines for the IRS hearing on REG-119986-25 (racial nondiscrimination in private schools); failure to meet this deadline will result in hearing cancellation.
• November 16, 2026 — Deadline for public comments on EXIM Bank's Annual Competitiveness Report Survey (EIB 00-02).
• November 27, 2026 — Deadline to request special disability assistance for the IRS hearing.
• November 30, 2026 — Deadline for non-testifying attendees to register for the IRS hearing.
• December 2, 2026 — IRS public hearing on proposed rulemaking REG-119986-25, 10:00 a.m. ET.
• January 1, 2027 — Adjusted Medicare AIC thresholds ($200 for ALJ hearings; $2,000 for judicial review) take effect for new requests.

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