Section 1. Short title
This Act may be cited as the Hospice Recertification Flexibility Act.
Section 2. Extension of certain telehealth flexibilities
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended—
(1) by striking ending on December 31, 2024 and inserting ending on December 31, 2026; and
(2) by inserting, except that this subclause shall not apply in the case of such an encounter with an individual occurring on or after January 1, 2025, if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section 1866(j)(7), if such individual is receiving hospice care from a provider that is subject to enhanced oversight under this title pursuant to section 1866(j)(3), or if such encounter is performed by a hospice physician or nurse practitioner who is not enrolled under section 1866(j) and is not an opt-out physician or practitioner (as defined in section 1802(b)(6)(D)) before the semicolon.
Section 3. Establishment of modifier for recertifications of hospice care eligibility conducted through telehealth
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)), as amended by section 2, is further amended by inserting, provided that, in the case of such an encounter occurring on or after the date that is 2 years after the date of the enactment of the Hospice Recertification Flexibility Act, such physician or nurse practitioner includes in any claim for such encounter one or more modifiers or codes specified by the Secretary to indicate that such encounter was furnished through telehealth after as determined appropriate by the Secretary.