H.R. 1720 — Hospice Recertification Flexibility Act

This section extends Medicare telehealth flexibilities allowing a distant-site physician, nurse practitioner, or physician assistant to certify (or recertify) a terminally ill individual's eligibility for hospice care without an in-person encounter through December 31, 2027 (from March 31, 2025). Effective for encounters on or after January 1, 2026, it excludes from this flexibility (1) individuals located in areas subject to a hospice enrollment moratorium of at least six months under SSA §1866(j)(7), (2) individuals receiving hospice care from providers subject to enhanced oversight under SSA §1866(j)(3), or (3) encounters performed by a hospice physician or nurse practitioner who is not enrolled under SSA §1866(j) and is not an opt-out practitioner under SSA §1802(b)(6)(D).

This section requires that any Medicare claim for a hospice care eligibility recertification encounter conducted via telehealth on or after January 1, 2026, include one or more modifiers or codes (as specified by the Secretary) indicating telehealth use. (Thus, such telehealth encounters qualify for payment only if the claim includes the required indicator.)