February 2026
This digest covers key virtual and digital health regulatory and public policy developments during January and early February 2026 from the United States (U.S.), United Kingdom (UK), and European Union (EU).
In This Issue:
We dive into various U.S. news topics, including: health care fraud and abuse, provider reimbursement, privacy and artificial intelligence (AI), and policy updates. This month’s issue highlights major Medicare and Medicaid enforcement actions involving telehealth and durable medical equipment schemes, including significant guilty pleas and a $197 million fraud conviction. We also cover CMS’s release of payment rates and performance targets for the new ACCESS Model and a multi-payer pledge to align on outcomes-based reimbursement for technology-supported care. In addition, we examine FTC and NIST activity focused on data governance and “agentic AI,” the extension of Medicare telehealth flexibilities through 2027, new AI leadership and initiatives at HHS, congressional perspectives on AI regulation, FDA and EMA guiding principles for AI in drug development, and ARPA-H’s launch of a new agentic AI program focused on cardiovascular care. We also explore timely EU and UK news, including: regulatory, privacy, intellectual property, and product liability updates. We highlight EMA and FDA’s joint AI principles across the medicinal product lifecycle, the European Commission’s call for evidence on proposed MDR and IVDR reforms, proposed revisions to the EU Cybersecurity Act, and key data protection developments from the EDPB, EDPS, and UK ICO. In parallel, UK and EU authorities advanced guidance on digital mental health technologies, agentic AI governance, international data transfers, and the European Health Data Space, alongside notable AI-related patent trends, a significant UK appellate patent decision, and a draft statement addressing liability for AI-related harms—developments that will shape digital health innovation and compliance expectations throughout 2026 and beyond.