Federal Government Re-Opens
On November 12, the U.S. House passed the Senate Amendment to H.R. 5371, ending the 43-day government shutdown. The continuing resolution (CR) provides funding for most agencies through January 30, 2026, at current levels, and grants full-year 2026 funding to select departments, including Agriculture, FDA, Legislative Branch, military construction, and Veterans Affairs. It also contains measures relevant to the home care community.
Telehealth Waiver Extended
The legislation retroactively extends COVID-19 telehealth flexibilities through January 30, 2026. Previously set to expire on September 30, 2025, these provisions allow home health agencies to waive originating site and geographic restrictions for telehealth F2F encounters under section 1834(m). Hospice providers may also conduct required F2F visits via telehealth before the third or later benefit periods. The Alliance acknowledges challenges caused by the lapse in telehealth and continues to advocate for permanent adoption of these measures.
Hospice Surveys
Section 6205 allocates $2,000,000 to support Medicare Hospice Surveys. This funding, first established under the IMPACT Act of 2014 and set to expire on September 30, 2025, aims to ensure that every hospice is surveyed at least once every 36 months.
Hospital at Home Waiver
The CR extends the Acute Hospital Care at Home program through January 30, 2026, and allow retroactive payment for these services since the temporary waivers lapsed on October 1, 2025.
Federal Return to Activity
Federal agencies, including the Department of Health and Human Services (HHS), are resuming full operations; this includes the Centers for Medicare and Medicaid Services (CMS). Essential functions such as Medicare and Medicaid payments continued during the shutdown; however, some delays are anticipated as agencies transition back to standard procedures.
With the majority of government personnel returning, agencies will address the backlog accumulated during the shutdown. This includes impacts on the following areas:
- Survey activities, including recognition of surveys conducted during the shutdown
- Deferred survey components
- Deficiency findings and enforcement actions
- Resumption of normal corrective actions
- Medicare certification for new facilities, including initial surveys
- Immediate Jeopardy (IJ) special situations
- Updates to the Five-Star Quality Rating System
Please note that CMS responses to inquiries may be delayed as staff resume their responsibilities. Rulemaking and guidance development, previously postponed, will also recommence in full. Increased activity is expected in the coming months, and we remain engaged with CMS regarding key policy matters.
Questions? Contact CHAP