I 119THCONGRESS 1 STSESSION H. R. 1720 To amend title XVIII of the Social Security Act to extend certain telehealth flexibilities with respect to hospice care under the Medicare program, and to establish a modifier for recertifications of hospice care eligibility conducted through telehealth. IN THE HOUSE OF REPRESENTATIVES FEBRUARY27, 2025 Mrs. M ILLERof West Virginia (for herself, Mr. GOLDENof Maine, Ms. VAN D UYNE, Mr. DAVISof North Carolina, Mr. BEANof Florida, and Mr. M ORELLE) introduced the following bill; which was referred to the Com- mittee on Ways and Means A BILL To amend title XVIII of the Social Security Act to extend certain telehealth flexibilities with respect to hospice care under the Medicare program, and to establish a modifier for recertifications of hospice care eligibility conducted through telehealth. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hospice Recertification 4 Flexibility Act’’. 5 VerDate Sep 11 2014 08:16 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 1720 IH SEC. 2. EXTENSION OF CERTAIN TELEHEALTH FLEXIBILI-1 TIES. 2 Section 1814(a)(7)(D)(i)(II) of the Social Security 3 Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended— 4 (1) by striking ‘‘ending on March 31, 2025’’ 5 and inserting ‘‘ending on December 31, 2027’’; and 6 (2) by inserting ‘‘, except that this subclause 7 shall not apply in the case of such an encounter with 8 an individual occurring on or after January 1, 2026, 9 if such individual is located in an area that has been 10 subject to a moratorium on the enrollment of hos-11 pice programs under this title pursuant to section 12 1866(j)(7) for a period of not less than 6 months, 13 if such individual is receiving hospice care from a 14 provider that is subject to enhanced oversight under 15 this title pursuant to section 1866(j)(3), or if such 16 encounter is performed by a hospice physician or 17 nurse practitioner who is not enrolled under section 18 1866(j) and is not an opt-out physician or practi-19 tioner (as defined in section 1802(b)(6)(D))’’ before 20 the semicolon. 21 SEC. 3. ESTABLISHMENT OF MODIFIER FOR RECERTIFI-22 CATIONS OF HOSPICE CARE ELIGIBILITY 23 CONDUCTED THROUGH TELEHEALTH. 24 Section 1814(a)(7)(D)(i)(II) of the Social Security 25 Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)), as amended by sec-26 VerDate Sep 11 2014 08:16 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 1720 IH tion 2, is further amended by inserting ‘‘, but only if, in 1 the case of such an encounter occurring on or after Janu-2 ary 1, 2026, any hospice claim includes 1 or more modi-3 fiers or codes (as specified by the Secretary) to indicate 4 that such encounter was conducted via telehealth’’ after 5 ‘‘as determined appropriate by the Secretary’’. 6 Æ VerDate Sep 11 2014 08:16 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1720.IH H1720 kjohnson on DSK7ZCZBW3PROD with $$_JOB