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CMS Proposes Changes to Incentivize FHIR-Enabled Electronic Prior Authorization Use

By Jodi Daniel & Ty Kayam on August 18, 2026
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The Centers for Medicare & Medicaid Services (CMS) has proposed changes that could reshape how healthcare providers use electronic prior authorization starting in 2027. The alert examines the agency’s proposed calendar year (CY) 2027 Physician Fee Schedule rule, which would modify incentives for such use under the Merit-based Incentive Payment System (MIPS) and the Ambulatory Specialty Model. The alert highlights proposed changes that would make the electronic prior authorization measure optional in 2027 and mandatory beginning in 2028, with a requirement to use Fast Healthcare Interoperability Resources (FHIR)-enabled, Office of the National Coordinator for Health Information Technology (ONC)-certified health IT modules, along with a new drug-specific prior authorization measure beginning in 2028.

It also discusses parallel proposals for Accountable Care Organizations (ACOs), including new certified electronic health record technology reporting options and a request for information on applying electronic prior authorization measures to Medicare Shared Savings Program ACOs. Comments on the proposed rule are due September 14, 2026.

Read the full alert.

Photo of Jodi Daniel Jodi Daniel

Jodi is a nationally recognized leader in digital health law and policy with more than 30 years of experience in healthcare innovation. She advises healthcare organizations and technology companies on complex regulatory, policy, and ethical issues involving digital health, health data, and emerging…

Jodi is a nationally recognized leader in digital health law and policy with more than 30 years of experience in healthcare innovation. She advises healthcare organizations and technology companies on complex regulatory, policy, and ethical issues involving digital health, health data, and emerging products and services, drawing on 15 years of experience as a lawyer and senior policymaker at the U.S. Department of Health and Human Services.

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Photo of Ty Kayam Ty Kayam

Ty Kayam is Of Counsel in the Seattle office of Wilson Sonsini Goodrich & Rosati, where she advises companies and investors on regulatory strategy for health technology products, with a particular focus on health AI, digital health, wearables, medical robotics, and health data…

Ty Kayam is Of Counsel in the Seattle office of Wilson Sonsini Goodrich & Rosati, where she advises companies and investors on regulatory strategy for health technology products, with a particular focus on health AI, digital health, wearables, medical robotics, and health data infrastructure. She counsels clients throughout product development and commercialization and advises on health regulatory issues arising in financings, investments, partnerships, and strategic transactions.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    The Consult
  • Organization:
    Wilson Sonsini Goodrich & Rosati
  • Article: View Original Source

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