Complete Story
02/03/2026
Telehealth Flexibilities Lapse; Congressional Action Pending
Medicare telehealth flexibilities for hospice face-to-face encounters expired Jan. 30, 2026, after Congress failed to finalize a full-year funding package before the deadline. Hospices should currently assume face-to-face recertifications must be completed in person unless and until Congress acts.
Late last week, the Senate passed a fiscal year 2026 funding package that includes a two-year extension of Medicare telehealth flexibilities through Dec. 31, 2027, including hospice face-to-face encounters. The bill still requires House approval. A partial federal government shutdown is underway, and the House is expected to vote this week, possibly as early as Tuesday, Feb. 3.
If enacted, the legislation would likely apply retroactively to cover the brief lapse, though retroactive authority is not guaranteed. National associations, including LeadingAge, continue to recommend a conservative compliance approach during the lapse.
What this would mean for hospice
The funding package includes hospice-specific guardrails related to telehealth face-to-face encounters. Under the proposed language, hospice face-to-face encounters could not be conducted via telehealth if:
- The hospice is subject to the Provisional Period of Enhanced Oversight.
- The patient is located in an area under a CMS hospice enrollment moratorium (none are currently in effect).
- The physician or nurse practitioner performing the encounter is not enrolled in Medicare and not properly opted out.
The bill would also require CMS to establish a claims modifier indicating when a hospice face-to-face encounter is completed via telehealth, beginning Jan. 1, 2027.
What to do now
- Assume in-person face-to-face encounters are required during the lapse.
- Review upcoming recertifications and plan accordingly.
- Monitor congressional action and CMS guidance.
- Do not rely on telehealth for hospice face-to-face encounters until authority is formally restored.
LeadingAge Ohio is monitoring House action and will share updates as soon as there is clarity.