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February 2026

Hospice Telehealth Flexibilities Expire, Reinstatement Likely

By News

By Jim Parker, HospiceNews.com

 

An extension of the COVID-era telehealth flexibilities is wallowing in Congress but will likely pass soon. The flexibilities expired Jan. 30.

The extension is tied up in a funding bill for several federal agencies. The bill has been stymied by debate over funding for U.S. Immigration and Customs Enforcement (ICE) amid concern over aggressive tactics used by those agents in several U.S. cities. This has led to a partial government shutdown. However, many observers believe that the telehealth provision will move forward within the coming week.

“It is likely the shutdown will be short-lived, expected to end next week when House members are expected to return for a vote,” the National Alliance for Care at Home indicated in an alert to its members. “The Alliance recommends that home health agencies and hospices prepare for the telehealth flexibilities to end on Jan. 30, as we have previously recommended. While it would be anticipated that there would be a retroactive approval of the telehealth flexibilities that covers the anticipated short shutdown period, it is not guaranteed.”

The telehealth extension provisions are contained in a single-package appropriations legislation, which would extend the flexibilities through the end of 2027. This includes the ability of hospices to perform patient re-certification face-to-face encounters via telehealth.

This would also include waivers that expanded the scope of practitioners eligible to provide telehealth services, as well as flexibilities that removed geographic requirements and expanded originating sites for telehealth services, including federally qualified health centers and rural health clinics.

Hospices and other health care providers have increasingly relied on virtual services over the past five years under telehealth waivers, particularly to reach patients in rural and remote areas with limited access to care.

Telehealth has enabled hospices to serve a growing patient population amid rising demand and persistent staffing shortages intensified by the pandemic. Virtual care has also expanded support for patients and caregivers, allowing providers to reduce unnecessary home visits while better managing clinician workloads.

CMS Administrator Dr. Mehmet Oz in his Senate confirmation hearing indicated that expanding telehealth utilization is a “major focus” for the agency.

“Congress has a responsibility to extend telehealth widely throughout the nation, and as it was during COVID …” Oz said. “It is a major focus of mine, and if confirmed, it’s one of the areas I think we’ll be able to make major inroads, because there are no opponents to this.”

However, no CMS action on telehealth has materialized to date.

The expiration, even if short lived, could create widespread disruption for hospice providers, according to Logan Hoover, vice president of policy and government relations for the National Alliance for Care at Home.

“There will be a tremendous amount of unnecessary disruption. This flexibility has been in place for almost six years; it has become a standard part of operations,” Hoover previously told Hospice News. “The consequence for a hospice using telehealth during a lapse in authority to conduct the face-to-face visit could be not being paid at all for the entire benefit period, making the hospice liable for thousands of dollars. Worse, the requirement could delay a patient’s access to hospice care if the visit is required before service begins.”