CMS, under Dr. Oz's leadership, formally implemented a temporary nationwide enrollment moratorium for both home health and hospice, as we previously indicated could be coming. This morning, CMS announced a six-month nationwide moratorium on the enrollment of new home health agencies and hospice providers into Medicare, as part of the Agency's crackdown on fraud in these benefits. See the Agency's press release. CMS cites concerns regarding fraudulent billing activity and geographic concentrations of suspect activity as the basis for nationwide.
Here are the notices published in the Federal Register:
The enrollment moratoria apply nationwide for six months and halt the enrollment of newly enrolling home health agencies and hospices in Medicare, effective May 13, 2026. Notably, the moratoria apply only to Medicare, as CMS declines to impose a moratorium on home health or hospice enrollment under Medicaid or CHIP, instead leaving it to each State's discretion to determine whether a tailored moratorium is appropriate. CMS is also offering each State and territory the opportunity to consult directly with the Agency on the prospect of implementing a Medicaid- and/or CHIP-based home health or hospice moratorium in their jurisdiction. However, some states require Medicare certification and enrollment as a component of their Medicaid provider qualifications. In states that do not provide for a 'non-Medicare' enrollment option, the moratorium would therefore translate to Medicaid.
A temporary moratorium does not apply to any of the following:
- Changes in practice location (except if the location is changing from a location outside the moratorium area to a location inside the moratorium area).
- Changes in provider or supplier information, such as phone number or address.
- Changes in ownership (except changes in ownership of HHAs, hospices, and suppliers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) that would require an initial enrollment).
- Also, in accordance with § 424.570(a)(1)(iv), a temporary moratorium does not apply to any enrollment application that has been received by the Medicare contractor prior to the date the moratorium is imposed (May 13, 2026).
CMS has also issued Q&As addressing the moratoria for both home health and hospice. Of note, Question 13 in the CMS Q&As addresses the hospice face-to-face encounter requirement and indicates that CMS intends to waive the requirement in connection with the moratorium for existing providers:
Q13: Will the nationwide hospice moratorium affect the ability to use telehealth for face-to-face recertification encounters?
A13: No. The nationwide hospice moratorium will not impact the telehealth flexibility currently available for face-to-face recertification requirements. Hospices that are already enrolled can continue to utilize telehealth to conduct recertification encounters.
While we are pleased by this flexibility, the Alliance is reviewing closely, as it is at this time uncertain as to what authority CMS is relying on to waive a requirement that is established by statute. As you know, the Alliance strongly opposes a nationwide moratorium, and we have instead advocated for targeted, tailored program integrity measures to protect beneficiaries and the Medicare Trust Fund without restricting access in regions where legitimate provider growth is needed to meet patient demand. We are both concerned and alarmed at CMS's action, given the heightened concentration of fraudulent activity in certain geographic regions, and the lack of nationwide data supporting such an approach. A blanket nationwide moratorium risks penalizing legitimate providers operating in good faith and limiting beneficiary choice, without addressing existing fraudulent actors already operating in these benefits.
The Alliance is reviewing these moratoria closely and expects to share additional details in the days ahead regarding a plan and next steps.
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Katie Wehri
Vice President of Regulatory Affairs, Quality & Compliance
National Alliance for Care at Home
Washington DC
+1 (202) 547-7424
kwehri@allianceforcareathome.org------------------------------