Regulatory Updates

Florida Rule 59A-8.008 Scope of Services Updated
ACHC Published: May 18, 2026
Date Effective: 5/5/2026

Program: Home Care, Home Health, Home Infusion Therapy, IRN

Adopted

State: Florida

Florida recently updated Rule 59A-8.008 Scope of Services to allow for case management of patients with nursing services to be provided by either a direct employee or contracted registered nurse. This change became effective May 5, 2026.

Home Health and Hospice Nationwide Moratorium Q & As
ACHC Published: May 18, 2026
Date Effective: 5/13/2026
Date Posted (CMS): 5/13/2026

Program: Home Health, Hospice

CMS

Guidance

State: All

CMS has issued a Q&A regarding the Home Health and Hospice nationwide moratorium implemented on May 13, 2026. This moratorium is for 6 months.

CMS Implements Nationwide Moratorium for Home Health and Hospice
ACHC Published: May 18, 2026
Date Effective: 5/13/2026
Date Posted (CMS): 5/13/2026

Program: Home Health, Hospice

CMS

State: All

On May 13, 2026, CMS implemented a nationwide enrollment moratorium for Home Health and Hospice agencies. This moratorium applies to initial applications.

CMS Phasing out Fax and Mail Streamlining Electronic Transactions
ACHC Published: March 27, 2026
Date Effective: 5/26/2026

Program: Acute Care Hospital, Ambulatory Care, Ambulatory Surgical Centers (ASC), Clinical Laboratory, Critical Access Hospital, DMEPOS, Home Health, Home Infusion Therapy, Hospice, Pharmacy, Renal Dialysis

Adopted

CMS

State: All

CMS, via the Administrative Simplification Rule, will be phasing out fax and mail related to claims activity. This rule becomes effective May 26, 2026, and provides covered entities 24-months to becomes compliant (by May 26, 2028).  For more info, continue to read the final rule fact sheet.

CMS Updates Fee-for-Service Advanced Beneficiary Notice of Noncoverage Form
ACHC Published: March 20, 2026
Date Effective: 3/13/2026

Program: DMEPOS, Home Health, Home Infusion Therapy, Hospice

Adopted

CMS

State: All

The Advanced Beneficiary Notice of Noncoverage form has been updated as of March 13, 2026. The form number is CMS-R-131. Providers may begin using this form immediately. The expired version may still be used through May 12,2026.

California LVN Scope of Practice Update
ACHC Published: January 29, 2026
Date Effective: 10/01/2025

Program: Home Care, Home Health, Hospice

Adopted

State: California

On Oct 1, 2025, the California Respiratory Care Board adopted regulations that impact the scope of practice for LVNs.  Read more for a summary of the impact of these changes on LVN practice in California.

Texas House Bill 4224 Updates Medical Records Privacy Provisions
ACHC Published: January 19, 2026
Date Effective: 9/1/2025

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

Adopted

State: Texas

In May 2025, Texas passed House Bill 4224 which provided updates to Texas Health and Safety Code Chapter 181. These updates were effective September 1, 2025. Agencies/Organizations should review policy and practices to ensure compliance.

Termination of Designation of Somalia for Temporary Protective Status
ACHC Published: January 19, 2026
Date Effective: 3/17/2026
Date Posted (CMS): 1/14/2026

Program: Home Care, Home Health, Hospice

Posted

State: All

A notice was posted to the Federal Register on January 15, 2026, by DHS US Citizenship and Immigration Services regarding the Temporary Protected Status for Somalia. The designation of Somalia for Temporary Protected Status will be terminated March 17, 2026, 11:59pm local time.

CLIA: Going paperless March 1, 2026
ACHC Published: January 15, 2026
Date Effective: 3/1/2026

Program: Clinical Laboratory, Home Health, Hospice

CMS

State: All

Effective March 1, 2026, paper fee coupons and CLIA certificates will no longer be available.  Providers will need to be sure they have signed up to switch to paperless to avoid any disruptions.

Termination of the Designation of Haiti for Temporary Protected Status
ACHC Published: January 13, 2026
Date Effective: 02/03/2026
Date Adopted: 11/28/2025

Program: Home Care, Home Health, Hospice

Posted

State: All

A notice was posted to the Federal Register on 11/28/2025 by DHS US Citizenship and Immigration Services regarding the Temporary Protected Status for Haiti. The designation of Haiti for Temporary Protected Status will be terminated February 3, 2026, 11:59pm local time.

CY26 Home Health PPS Final Rule: Updates for HH and DMEPOS providers.
ACHC Published: December 8, 2025
Date Effective: 1/1/2026
Date Posted (CMS): 11/28/2025

Program: DMEPOS, Home Health, Pharmacy

Adopted

CMS

State: All

On November 28, 2025, CMS published the CY26 Home Health PPS final rule. This rule provides updates for both HH providers as well as updates for DMEPOS suppliers, including changes to CMS oversight of accreditation organizations related to DMEPOS suppliers. CMS has issued a fact sheet with highlights from the final rule.

Medicare – Update on Processing of Telehealth and Acute Hospital Care at Home Claims
ACHC Published: November 8, 2025
Date Posted (CMS): 11/6/2025

Program: Acute Care Hospital, Behavioral Health, Critical Care Hospital, Home Health, Home Infusion Therapy, Hospice, Renal Dialysis

CMS

Guidance

State: All

In the absence of Congressional action, beginning October 1, 2025, many of the statutory limitations on payment for Medicare telehealth services that were, in response to the COVID-19 Public Health Emergency, lifted and subsequently extended through legislation again took effect. These statutory limitations include restrictions on payment for many telehealth services provided to beneficiaries in their homes and outside of rural areas, and the provision of hospice recertifications that require a face-to-face encounter via telehealth. These limitations are not applicable to all Medicare telehealth services, such as those for behavioral and mental health services, those for monthly ESRD-related clinical assessments, and those provided by applicable Medicare Shared Savings Program Accountable Care Organizations (ACO) participants.

CMS has been continuously evaluating our operations since October 1, 2025, and taking action when operationally feasible. To date, to ensure that CMS pays only the telehealth claims consistent with current law, CMS has instructed the Medicare Administrative Contractors (MACs) to pay telehealth claims with dates of service on and after October 1, 2025, when CMS can definitively confirm that the claims are for behavioral and mental health services or otherwise meet the requirements described at Section 1834(m) of the Social Security Act. CMS has identified these claims using the list of HCPCS codes identified in Table 1. Additionally, we have instructed the MACs to process Medicare telehealth claims with a place of service code 10 (patient’s home) that contains a diagnosis code in the F01.A0-F99 range if the services were not performed by physical therapists (PTs), occupational therapists (OTs), speech language pathologists (SLPs), or audiologists. We have further released a small batch of other telehealth claims that we can identify should be permissible to pay under current law.

However, due to systems limitations and recognizing that not all telehealth claims for behavioral and mental health services necessarily include a diagnosis code in the above range – often to further protect the privacy of the patient – we have not been able to identify all claims that are payable under current law. These limitations have also impacted our ability to identify telehealth services performed by clinicians in applicable Medicare Shared Savings Program ACOs, who may receive payment for covered telehealth services to certain Medicare beneficiaries without geographic restrictions, including in the beneficiary’s home, per section 1899(l) of the Social Security Act as added by the Bipartisan Budget Act of 2018 (Pub. L. 115-123). To date, this subset of telehealth claims, including those submitted by clinicians in applicable ACOs and those that we’re not able to identify as for behavioral and mental health services, has been held.

To resolve this subset of claims and improve cash flow for practitioners, CMS is taking further action. For the subset of telehealth claims that are currently being held, and that were submitted on or before November 10, 2025, with dates of service on or after October 1, 2025, CMS will be returning those claims to providers. For professional claims, claims will be returned with the following messages: CARC 16 and RARC M77. Practitioners may resubmit returned claims that meet the statutory requirements.

See the spotlight on the All Fee-for-Service Providers webpage for information on statutory requirements and revised instructions for the submission of telehealth claims.

Idaho: Medicare Certified Home Health Agencies
ACHC Published: October 7, 2025
Date Effective: 07/01/2025

Program: Home Health

Adopted

State: Idaho

Effective July 1, 2025, Medicare Certified Home Health Agencies in Idaho are no longer required to be licensed in the State of Idaho. Idaho Department of Health and Welfare has updated their website to reflect these changes and provide resources to providers regarding Medicare certification.

Texas HHSC Updates General FAQs for HCSSAs
ACHC Published: September 3, 2025
Date Posted (CMS): 09/03/2025

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

Guidance

State: Texas

Texas Health and Human Services Commission has provided an update to their General FAQs for Home and Community Support Services Agencies.  The most current version is dated August 2025.

OASIS-E2 Draft Instrument and Change Table Released
ACHC Published: August 13, 2025
Date Posted (CMS): 08/12/2025

Program: Home Health

CMS

Guidance

State: All

On August 12, 2025, CMS released draft versions of the OASIS-E2 instruments as well as a change table.  The updated assessment is planned for implementation April 2026.

Texas HCSSAs: Provider Letter 19-22 Revised
ACHC Published: July 16, 2025
Date Posted (CMS): 07/02/2025

Program: Home Health

Guidance

State: Texas

On July 2, 2025, Texas Health and Human Services released a revised provider letter, PL 19-22, which provides guidance to Texas HCSSAs on OASIS all-payer requirements.

Texas HCSSAs: Provider Letter 17-35 Revised
ACHC Published: July 16, 2025
Date Posted (CMS): 07/02/2025

Program: Home Health

Guidance

State: Texas

On July 2, 2025, Texas Health and Human Services released a revised provider letter, PL 17-35, which provides guidance to Texas HCSSAs on determination of separate entities.

CMS Issues Waivers for Texas Flood Impacted Areas
ACHC Published: July 11, 2025
Date Effective: 07/02/2025

Program: Acute Care Hospital, Durable Medical Equipment and Supplies, Home Care, Home Health, Hospice, Renal Dialysis

Guidance

State: Texas

CMS declared a public health emergency for the State of Texas on July 8, 2025, allowing the Secretary to issue 1135 waivers to provide flexibility and support for Texas providers. These waivers are effective retrospectively to July 2, 2025. CMS has updated their website to include information related to the waivers as well as additional resources for the impacted areas.

CY26 Home Health Proposed Rule Released
ACHC Published: July 3, 2025
Date Proposed: 06/30/2025

Program: Durable Medical Equipment and Supplies, Home Health, Orthotics, Prosthetics

Proposed

State: All

On June 30, 2025, CMS released the CY26 Home Health Proposed Rule.  This rule proposes updates for Home Health providers including payment, quality reporting, value-based purchasing, CoPs, and provider enrollment policies.  The proposed rule also is applicable to DMEPOS suppliers with updates to provider enrollment policies, the competitive bidding program, prior authorization processes, and the accreditation process for DMEPOS suppliers. CMS has issued the full proposed rule in the federal register along with a fact sheet.  CMS is accepting public comments regarding these proposed rules as well as several requests for information noted through the proposed rule.  Comment submission deadline is August 29, 2025.

CDPH All Facilities Letter 25-19 Updates Application Process
ACHC Published: June 27, 2025
Date Effective: 07/01/2025

Program: Home Care, Home Health, Hospice

Adopted

State: California

On June 26, 2025, California Department of Health issued AFL 25-19 to all facility types.  This provider letter outlines changes in the application process effective July 1, 2025. These changes include application fees and denials of incomplete licensing application packets.

Florida HH Licensing Regulations Updated – Effective July 1, 2025
ACHC Published: June 19, 2025
Date Effective: 07/01/2025

Program: Home Care, Home Health, Home Infusion Therapy, IRN

Adopted

State: Florida

Florida House Bill 1353 was passed this month updating the home health licensure regulations.  These regulations affect providers who are subject to a home health license such as home health providers, home care providers, home infusion therapy providers, and infusion nursing service providers.  Updates included are administrator requirements in 400.476, nursing workforce requirements in 400.487, and the Excellence in home health program in 400.52. These changes are effective July 1, 2025.

Revised CMS-855A- Institutional Providers for CMS enrollment
ACHC Published: June 3, 2025
Date Posted (CMS): May 29, 2025

Program: Acute Care Hospital, Home Health, Hospice, Renal Dialysis

CMS

State: All

Institutional Providers: Revised CMS-855A Version (09/24) Medicare Enrollment Application

Available now is the revised CMS-855A (09/24) paper application that includes a section for SNF to comply with the 2023 Final rule in reporting ownership, management and related party data. Starting 10/1/2024, all SNF providers must only submit the revised form CMS-855A (09/24). For all other Part A provider types, you must use the revised form CMS-855A (09/24) starting 12/1/2024.

The CMS website has information to assist with the attachment section and will post updates for guidance:

Other Related Content

Texas HHSC Reminds Regulated Providers to Update Emergency Preparedness Plans for Hurricane Season
ACHC Published: June 1, 2025
Date Effective: May 30, 2025

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

Posted

State: Texas

AUSTIN – The Texas Health and Human Services Commission is urging health care facilities, child care operators and other providers to update their safety procedures and emergency response plans as the 2025 Atlantic hurricane season begins on June 1.

The National Oceanic and Atmospheric Administration forecasts a range of six to 10 hurricanes in the Atlantic Ocean this season. Of those, three to five are expected to be major hurricanes of Category 3 or higher. An average Atlantic hurricane season has three major hurricanes.

“We’ve seen the dangerous and sometimes deadly consequences of severe weather in Texas,” said Stephen Pahl, deputy executive commissioner of HHSC Regulatory Services Division. “That’s why it’s so important to have a current emergency preparedness plan that staff can implement quickly and effectively to protect vulnerable clients.”

HHSC requires long-term care providers such as nursing facilities, assisted living facilities, hospices and state-regulated group homes to regularly prepare for natural disasters, including hurricanes and flooding. HHSC also requires child care operations and acute health care facilities such as hospitals and dialysis centers to maintain an updated plan and ensure staff are fully trained to implement it during a crisis.

A provider’s emergency plans for extreme weather should address:

  • Power loss.
  • Water and food needs.
  • Communication to families and staff.
  • Staff shortages and responsibilities.
  • Continuation of care and treatment for individuals.
  • Sheltering in place, evacuation and transportation, as applicable.
  • Facilities with generators should perform any maintenance or needed testing to ensure the equipment functions during a power loss.

HHSC issues guidance to providers about updating their plans and encourages them to visit the Department of State Health Services Texas Ready website for hurricane preparedness resources, including sample plans, supply checklists and other information on emergency preparedness.

The Atlantic hurricane season, which affects the Texas Gulf Coast, continues through Nov. 30.

About HHSC Disaster Services

In the event of an emergency, HHSC Disaster Services provides public health and medical support, shelters for people with medical needs, counseling services, disaster food assistance and water and ice. The program also provides regulatory support for health care facilities, long-term care facilities and child care operations, and special waivers for Medicaid providers and clients as needed.

Florida – All Provider Types UPDATE: Hurricane Debby – Key Medicaid Information for Fee-for-Service and Managed Care Providers
ACHC Published: April 21, 2025
Date Adopted: 08/1/2024
Date Expired: 09/3/2024

Program: Acute Care Hospital, Ambulatory Surgical Centers (ASC), Clinical Laboratory, Critical Care Hospital, Durable Medical Equipment and Supplies, Home Care, Home Health, Home Infusion Therapy, Hospice, Pharmacy, Renal Dialysis, Sleep

Adopted

State: Florida

The purpose of this alert is to provide an update to the previous provider alert issued on 08/04/2024 regarding Hurricane Debby.

The following flexibilities/waivers offered to providers in the alert issued on 08/04/2024 will expire at 11:59 p.m. on Tuesday, September 3, 2024:

  • Waiver of prior authorization requirements for critical Medicaid services
    • The lifting of early prescription refill edits will remain in place in accordance with Governor Ron DeSantis’ emergency executive orders issued for Hurricane Debby
  • Waiver of service limitations to ensure a recipient requiring critical Medicaid services during the storm receives such care
  • Temporary postponement of the Preadmission Screening and Resident Review processes

Additional questions from providers may be directed to the Florida Medicaid Contact Center at 1- 877-254-1055

Texas Home and Community Support Services Agencies – FAQs Updated
ACHC Published: April 9, 2025
Date Posted (CMS): 04/9/2025

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

Guidance

State: Texas

Texas Health and Human Services updated the FAQ document for Texas Home and Community Support Services Agencies (HCSSAs).  The most current version is dated April 2025.  Updates include emergency communication system sign up requirements (AlertMedia) and use of the Critical Incident Management System (CIMS) for reporting abuse, neglect, and exploitation.

Arizona Home Health Licensing Regulations Updated
ACHC Published: March 10, 2025
Date Effective: 04/6/2025
Date Adopted: 02/28/2025

Program: Home Health

Adopted

State: Arizona

On February 28, 2025, Arizona adopted updated rules in Title 9. Health Services, Chapter 10 Department of Health Services Health Care Institutions: Licensing, Article 12 Home Health Agencies.  ACHC is encouraging agencies to review the updates to this chapter for implementation.  ACHC will survey for these updated regulations after the effective date.  Updates to the Arizona Home Health licensing regulations include but are limited to:

  • Administrator shall serve no more than 5 agencies
  • Physician assistant added as practitioner who can order home health services
  • Plan of care is established and implemented within 5 days of start of care
  • Care plan reviewed and documented with patient at least every 30 calendar days
  • Home Health Agency documents and responds to referrals within 48 hours
CMS Renews ACHC Home Health Deeming Authority
ACHC Published: February 21, 2025
Date Effective: 02/24/2025
Date Expired: 02/24/2031
Date Posted (CMS): 02/21/2025

Program: Home Health

CMS

State: All

ACHC has earned CMS approval once again as a national accreditor for Home Health Accreditation. The renewal for Deeming Authority, valid through 2031, reaffirms our unwavering commitment to advancing safe, high-quality patient care and services. ACHC has continuously been recognized by CMS to conduct deemed status home health surveys since 2006.

Reminder to Home Health Providers: OASIS E1 Effective January 1, 2025
ACHC Published: January 27, 2025
Date Effective: 01/1/2025

Program: Home Health

CMS

State: All

Reminder to Home Health providers that OASIS E1 was effective January 1, 2025.  CMS has provided resources for providers, including the OASIS-E! user manual and changes from the May 2024 draft to the final manual released in December 2024.

Medicare Telehealth Flexibilities Extended through March 31, 2025
ACHC Published: January 10, 2025

Program: Home Health, Hospice

CMS

State: All

Congress recently passed a bill that will allow for certain telehealth flexibilities to extend until March 31, 2025.  This includes the ability to perform telehealth Face to Face encounters for home health and hospice.  We will continue to monitor for further developments.

Medicare Telehealth Flexibilities Extended through September 30, 2025
ACHC Published: January 10, 2025
Date Expired: 09/30/2025

Program: Home Health, Hospice

CMS

State: All

Congress enacted a government funding package that included a 6-month extension of current Medicare telehealth waivers through September 30, 2025,

Here’s a more detailed breakdown:
  • Through September 30, 2025:

    Telehealth is broadly covered, including services in your home. 

  • Starting October 1, 2025:

    You’ll generally need to be in a rural area to receive most telehealth services, although mental and behavioral health services will still be covered at home. 

  • Certain waivers and extensions:

    Congress has passed legislation extending some telehealth waivers and flexibilities, including those for rural health clinics and Federally Qualified Health Centers. 

  • Mental health services:

    Providers in the field of mental and behavioral health can continue to offer telehealth services from any location, including patients’ homes, and use audio-only methods when video is unavailable, according to the Consolidated Appropriations Act of 2021. 

  • Audio-only services:
    Audio-only services may continue to be covered for certain telehealth services, particularly for patients who lack reliable internet or prefer audio-only communication, according to Telehealth.HHS.gov. 
CMS Resource: Transition to All-Payer Oasis Data Collection and Submission
ACHC Published: January 9, 2025

Program: Home Health

CMS

Guidance

State: All

CMS has released an easy-to-use resource to help providers better understand agency action items leading up to the mandatory collection and reporting of OASIS data for all payer types effective July 1, 2025.  This resource also provides a link to the OASIS-E1 manual.

Texas HHSC PL 2025-01: New Emergency Communication Tool – AlertMedia
ACHC Published: January 9, 2025
Date Posted (CMS): 01/7/2025

Program: Assisted Living, Home Care, Home Health, Home Infusion Therapy, Hospice

Adopted

Guidance

State: Texas

On January 7, 2025, Texas Health and Human Services Commission issued Provider Letter 2025-01 New Emergency Communication Tool – AlertMedia.  The provider letter is applicable to all providers in the Long-Term Care division including hospices, home and community support services, and assisted living facilities.  Providers should review this provider letter for policy details and provider responsibilities.  Provider responsibilities must be met no later than February 15, 2025.

Reminder to Home Health Providers: OASIS E1 Effective January 1, 2025
ACHC Published: January 7, 2025
Date Effective: 01/1/2025

Program: Home Health

CMS

State: All

Reminder to Home Health providers that OASIS E1 was effective January 1, 2025.  CMS has provided resources for providers, including the OASIS-E! user manual and changes from the May 2024 draft to the final manual released in December 2024.

CMS Home Health OASIS All Payer Q&A
ACHC Published: January 7, 2025

Program: Home Health

CMS

Guidance

State: All

CMS released a Q&A for Home Health providers regarding the collection and submission of OASIS for all payer types set to begin July 1, 2025.  Effective January 1, 2025, the OASIS privacy notice should be provided to any patient for which the home health agency has collected data via the OASIS (link provided to forms in this document).

CMS Updates Home Health Change of Care Notice
ACHC Published: December 23, 2024
Date Posted (CMS): 12/3/2024

Program: Home Health

CMS

State: All

CMS released an updated Home Health Change of Care Notice.  The current HHCCN, with expiration date of 12.31.2024, may be used until 1.31.2025.  Agencies should plan to have the revised notice in use no later than 2.1.2025.

Texas HHSC Rescinds PL 2024-20 Requirements for Tuberculosis Screening and Testing
ACHC Published: November 19, 2024
Date Effective: 11/1/2024

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

State: Texas

On November 1, 2024, Texas HHSC rescinded Provider Letter 2024-20 Requirement for Tuberculosis Screening and Testing.  During the interim, providers are to follow agency procedures regarding communicable diseases, infection control, and TB testing/screening.  Texas HHSC recommends agencies utilize resources from the CDC and Texas Department of State Health Services to inform the agency’s policies and procedures (links provided).

Calendar Year (CY) 2025 Home Health Prospective Payment System Final Rule Fact Sheet
ACHC Published: November 19, 2024
Date Posted (CMS): 11/1/2024

Program: Home Health

CMS

State: All

On November 1, 2024, CMS released a fact sheet for the CY 2025 Home Health Final Rule.  This Home Health final rule provides updates to the HH Prospective Payment System, HH Conditions of Participation, HH Quality Reporting Program, HH Value-Based Purchasing Model, and IVIG payment rates, as well as an update in Medicare Provider Enrollment expanding a Provisional Period of Enhanced Oversight to include providers and supplier reactivating their Medicare billing privileges.  The fact sheet, as well as a link to the final rule in the federal register, can be accessed here.

CMS Home Health and Hospice Resources November 2024
ACHC Published: November 14, 2024
Date Posted (CMS): 11/14/2024

Program: Home Health, Hospice

CMS

State: All

Medicare covers a wide range of home health and hospice services. During Home Care & Hospice Month, get familiar with these Medicare Learning Network resources.

Florida: Home Health Aide for Medically Fragile Children Annual Assessment Due Nov 1
ACHC Published: October 3, 2024

Program: Home Care, Home Health

State: Florida

Florida statutes require that AHCA conducts an annual assessment of the home health aide for medically fragile children program.  Applicable agencies, providing skilled services to children under the age of 21, are required to complete an agency utilization assessment and report data to AHCA.  The assessment can be completed online.  This assessment must be submitted to AHCA no later than November 1, 2024.

Kentucky – Training requirements for personnel who care for Alzheimer’s patients
ACHC Published: September 13, 2024
Date Proposed: 01/5/2021
Date Adopted: 03/22/2021

Program: Home Health, Hospice, Private Duty

Adopted

State: Kentucky

The purpose of this section is to set minimum training requirements for direct- care staff members that are employed by facilities or programs regulated by the cabinet that provide services to individuals who exhibit symptoms of Alzheimer’s disease or other dementias in the populations they serve.

KY S 61

3

California ALF – Hot Summer Weather Advisory
ACHC Published: June 11, 2024
Date Posted (CMS): 06/3/2024

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

Adopted

State: California

​All Facilities Letter Summary

  • This AFL reminds health care facilities to implement recommended precautionary measures to keep individuals safe and comfortable during extremely hot weather.
  • Facilities must have contingency plans in place to deal with the loss of air conditioning, or in the case when no air conditioning is available, take measures to ensure patients and residents are free of adverse conditions that may cause heat-related health complications.
  • Facilities must report extreme heat conditions that compromise patient health and safety and/or require an evacuation, transfer, or discharge of patients.
OASIS-E1 Draft Instruments now Available
ACHC Published: May 9, 2024
Date Effective: 01/1/2025

Program: Home Health

CMS

State: All

CMS has released draft versions of the OASIS-E1 instruments.  CMS also included on the OASIS Data Set page are other helpful resources to prepare for the updated OASIS.

New Texas Requirement for HCSSAs
ACHC Published: April 23, 2024
Date Effective: 09/1/2024
Date Adopted: 04/18/2024

Program: Home Care, Home Health

Adopted

State: Texas

Texas Health and Human Services Commission issued Provider Letter 2024-10 April 18, 2024.  This letter outlines the requirements for HCSSAs with a home health category (if the agency employees 2 or more registered nurses) to adopt and implement a workplace violence prevention program no later than September 1, 2024.

Texas Provider Letter 2024-06 Teleservices in HCSSAs
ACHC Published: April 5, 2024
Date Effective: 04/3/2024

Program: Home Care, Home Health, Hospice

State: Texas

Texas Health and Human Services Commission issued Provider Letter 2024-06 April 3, 2024.  This provider letter is applicable to Home and Community Support Services Agencies and provides guidance for those agencies who provide teleservices.

Utah – General Health Care Facility Rules Consolidates and centralizes content and serves in conjunction with the new division-wide rule.
ACHC Published: March 12, 2024
Date Effective: 12/28/2023
Date Adopted: 01/1/2024

Program: Home Health

Adopted

State: Utah

The purpose of this rule is to define the standard terms for licensed health care facilities and agencies under Title R432 and centralize general Licensing requirements in a single rule. Addresses accreditation, branch additions, and satellite operations.

R432-1-9. Certified Status
(1) The department may accept certification of a health care facility that is accredited by a federally approved accreditation agency to meet the licensing inspection requirements.
(2) A certified health care facility licensee in good standing with department and federal accreditation rules and standards may be exempt from the department annual licensing inspection process.
(3) The department may attend any accrediting agency exit conference.
(4) Regardless of certified status, the department may:
(a) perform inspections;
(b) conduct complaint investigations; and
(c) verify compliance with state laws, rules, or standards identified in a department or accrediting body survey including:
(i) monitoring any correction any health care facility licensee granted a provisional or conditional accreditation by the accreditation agencies until a full accreditation status is achieved;
(ii) any licensee that does not have a current, valid accreditation certificate;
(iii) monitoring any plan of correction not completed within the specified time frames; and
(iv) any construction, expansion, or remodeling projects required to comply with standards for construction in rules under Title R432
(5) The department may conduct an annual validation inspection of an accredited health care facility to determine compliance with state licensing requirements. If a validation survey discloses a failure to comply with licensing rules, the exemption listed in Subsection R432-1-10(2) shall no longer apply.

 

Florida Providers – Licensure Renewal Application Process Revised
ACHC Published: March 5, 2024
Date Effective: 03/5/2024

Program: Acute Care Hospital, Ambulatory Surgical Centers (ASC), Assisted Living, Behavioral Health, Clinical Laboratory, Home Care, Home Health, Home Infusion Therapy, Hospice

State: Florida

Pursuant to Florida Rule 59A-35.060, effective March 5, 2024, all providers will be required to submit renewal applications through AHCA’s online licensing system.

Texas Home and Community Support Services Agencies – Updated FAQs
ACHC Published: February 23, 2024

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

State: Texas

Texas Health and Human Services Commission has updated the FAQs for Home and Community Support Services Agencies.  The most recent version is February 2024.

Texas Home and Community-based Services Billing Requirements Updated
ACHC Published: February 23, 2024
Date Effective: 01/1/2024

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

State: Texas

Texas Health and Human Services recently issued a revision to the program billing requirements for home and community-based services providers.  The update is revision 24-1 and was effective January 1, 2024.  Make sure you have the latest version.

Texas Provider Letter PL 2024-05 – Administrator and Alternate Administrator Requirements for HCSSAs
ACHC Published: February 23, 2024
Date Effective: 02/8/2024

Program: Home Care, Home Health, Home Infusion Therapy, Hospice

State: Texas

Texas Health and Human Services issued provider letter PL 2024-05 February 8, 2024.  This is applicable to home and community-based service agencies. The update outlines information required for the administrator and alternate administrator.  This provider letter replaces PL 2021-37.

California Senate Bill (SB) 302 – Compassionate Access to Medical Cannabis Act
ACHC Published: January 21, 2024
Date Effective: 01/1/2023

Program: Acute Care Hospital, Home Health, Hospice

Adopted

State: California

​Patients Over 65 With a Chronic Disease

Effective January 1, 2023, a patient over the age of 65 who has received a physician’s assessment declaring that they have a serious medical condition, as defined by Health and Safety Code (HSC) section 11362.7 (h), and that the use of medicinal cannabis is appropriate must be allowed use of medicinal cannabis by a SNF, CLHF, SH, HOFA, or HHA. Patients over 65 with a chronic disease and a physician’s recommendation for medicinal cannabis use must provide the health care facility a copy of their medical marijuana card or written documentation of the physician’s assessment and recommendation.

GACH patients over 65 with a chronic disease are excluded from the bill’s medicinal cannabis authorization; however, terminally ill GACH patients may continue to use medicinal cannabis. No patient receiving emergency services and care may use medicinal cannabis.

Inclusion of HHA Patients

SB 302 adds HHAs to the Act’s definition of health care facilities; therefore, they must allow both terminally ill patients and those over 65 with a chronic disease to use medicinal cannabis. This bill exempts HHA patients from the prohibition against smoking or vaping medicinal cannabis but requires each HHA to prohibit cannabis smoking or vaping immediately before or while HHA staff are present in the patient’s residence.

The bill also exempts HHAs from the following Act requirements:

  • Secure storage of the medicinal cannabis. 
  • Development and dissemination of written guidelines for the use and disposal of medicinal cannabis.
  • Removal and disposal of remaining medicinal cannabis by the health care facility after a patient’s discharge.
California Department of Health All-Facility Letter 24-01
ACHC Published: January 12, 2024
Date Effective: 01/3/2024

Program: Home Health

Adopted

State: California

California home health agencies (HHAs) having difficulty recruiting nurses who meet experience qualifications can now seek help from the state.

The California Department of Public Health is currently accepting requests for flexibility of the one-year professional nursing experience requirement stipulated under Title 22 CCR sections 74707 (c) and (d).

Flexibility requests may be made agency-wide or for an individual registered nurse (RN) or licensed vocational nurse (LVN). The HHA must provide additional training and supervision while preserving patient safety and quality of care.

Telehealth Home Health Services: New G-Codes
ACHC Published: December 29, 2023
Date Effective: 01/1/2023
Date Posted (CMS): 12/29/2022

Program: Home Health

CMS

State: All

Prior to January 1, 2023, data on telecommunications technology used during a 30-day period of care at the patient level was not collected on home health claims. Effective January 1, 2023, Home Health Agencies (HHAs) may begin voluntarily reporting the new telecommunications G-codes on HH claims with HH periods of care that start on or after January 1, 2023. On July 1, 2023, reporting these new codes will become mandatory with HH periods of care that start on or after July 1, 2023.

Florida Alzheimer’s Disease & Related Disorders (ADRD) Training
ACHC Published: December 1, 2023
Date Effective: 07/1/2023
Date Adopted: 06/27/2023

Program: Assisted Living, Home Care, Home Health, Home Infusion Therapy

Adopted

State: Florida

Florida recently updated Florida Statute 430.5025 Alzheimer’s disease and related forms of dementia; education and training.

Provider and Supplier Compliance Education Through Quality in Focus
ACHC Published: May 7, 2023
Date Posted (CMS): 01/19/2023

Program: Acute Care Hospital, Ambulatory Surgical Centers (ASC), Critical Care Hospital, Home Health, Hospice, Renal Dialysis

CMS

State: All

Quality in Focus: CMS developed a series of short (10–15 minutes), Quality in Focus interactive videos tailored for specific provider types. The series aims to increase the quality of care for people with Medicare and Medicaid by reducing the deficiencies most commonly cited during the CMS survey process, such as infection control and accident prevention.

Provider Enrollment: Regulatory Changes
ACHC Published: March 3, 2023
Date Effective: 01/1/2023
Date Posted (CMS): 01/24/2023

Program: Durable Medical Equipment and Supplies, Home Health, Orthotics, Prosthetics

CMS

State: All

Related CR Title: Incorporation of Recent Provider Enrollment Regulatory Changes into Chapter 10 of CMS Publication (Pub.) 100-08.

New Waived Tests for Home Health and Hospice
ACHC Published: December 5, 2022
Date Effective: 10/1/2022
Date Posted (CMS): 08/4/2022

Program: Home Health, Hospice

CMS

State: All

Listed below are the latest tests approved by the Food and Drug Administration (FDA) as waived tests under CLIA (Clinical Laboratory Improvement Amendments of 1988).

The CPT code, effective date and description for the latest tests approved by the FDA as waived tests under CLIA are as follows:

  • 82010QW, 82962, May 27, 2022, AmVentureX Inc. BioCoach Blood Glucose and Ketone Monitoring System;
  • 80305QW, June 07, 2022, Micro Distributing STATDIP One Step Drug Test;
  • 80305QW, June 07, 2022, Micro Distributing STATCup II One Step Drug Test Cup;
  • 87880QW, June 09, 2022, Clarity Diagnostics LLC Clarity Strep A Rapid Test Strip;
Home Health & Hospice: Medicare Provider Resources
ACHC Published: November 16, 2022
Date Posted (CMS): 11/17/2022

Program: Home Health, Hospice

CMS

State: All

November is Home Care & Hospice Month, is a great time to get familiar with these resources:

  • Medicare Payment System educational tool.
  • Hospital-based Hospice Medicare provider compliance tips.
  • Creating an Effective Hospice Plan of Care fact sheet.
  • Enhancing RN Supervision of Hospice Aides Services fact sheet.
  • Safeguards for Medicare Patients in Hospice Care fact sheet.
Home Health Agencies – Free Medicare Home Health You Tube Videos
ACHC Published: November 3, 2022
Date Posted (CMS): 11/3/2022

Program: Home Health

CMS

State: All

National Government Services (NGS) has a plethora of educational Medicare Home Health YouTube videos regarding billing and documentation. These videos are free, short in length and very informative. They contain information on home health eligibility criteria, homebound status, the advance beneficiary notice (ABN) and more. Please share these links with your clinical and billing staff as appropriate:

Texas – Licensing Requirements for In-home Supportive Palliative Care
ACHC Published: June 30, 2022
Date Adopted: 09/15/2021

Program: Home Health, Hospice, Private Duty

Adopted

State: Texas

The legislation created Texas Health and Safety Code (HSC) Chapter 142A (relating to Supportive Palliative Care), establishing a definition of “supportive palliative care” and indicating that any reference to “palliative care” in law or the Texas Administrative Code (TAC) means supportive palliative care. The statute did not establish a category of licensure for the provision of supportive palliative care services—either standalone or as a category within an existing care delivery setting. Supportive palliative care services that are delivered in the home or in community settings, such as in assisted living facilities, are currently governed by HSC Chapter 142 (relating to Home and Community Support Services Agencies (HCSSA)). An HCSSA license is required.

No Surprises Act: Fact Sheets for Your Patients
ACHC Published: June 30, 2022
Date Posted (CMS): 07/1/2021

Program: Acute Care Hospital, Ambulatory Surgical Centers (ASC), Critical Care Hospital, Home Health, Home Infusion Therapy, Hospice, Renal Dialysis

CMS

State: All

Share information with your patients to help protect them from surprise billing. As of January 1, 2022, they have new billing protections when they get:

  • Emergency care
  • Non-emergency care from out-of-network providers at in-network facilities
  • Air ambulance services from out-of-network providers
Update to Chapter 7, “Home Health Services”, of the Medicare Benefit Policy Manual (Pub 100-02)
ACHC Published: April 20, 2022
Date Effective: 01/1/2022

Program: Home Health

CMS

State: All

In this Article, you’ll learn about:

  • Updates to chapter 7 of the Medicare Benefit Policy Manual (Pub. 100-02) to
  • incorporate Calendar Year (CY) 2022’s Policy Implementation of the Notice of
    Admission (NOA).
  • The elimination of the Request for Anticipated Payment (RAP) policy.
  • Corrections and clarifications regarding who may sign the certification and recertification
    for home health people with Medicare.

Make sure your billing staff knows about these changes.

Face-to-Face Documentation for Home Health Certification: Important Information for Certifying Physicians and Nonphysician Practitioners
ACHC Published: April 14, 2022
Date Posted (CMS): 04/14/2022

Program: Home Health

CMS

State: All

The documentation of clinical findings by the physician/nonphysician practitioner should show:

  • The encounter was related to the primary reason for home care;
  • How the patient’s condition supports the patient’s homebound status; and
  • How the patient’s condition supports the need for skilled services

Acceptable face-to-face documentation does not have to be lengthy or overly detailed. However, the face-to-face documentation must show the reason skilled service is necessary for the treatment of the patient’s illness or injury, based on the physician’s clinical findings during the face-to-face encounter, and specific statements regarding why the patient is homebound.

2025 update to Complying with Medicare Signature Requirements
ACHC Published: March 17, 2022
Date Posted (CMS): 07/01/2025

Program: Clinical Laboratory, Durable Medical Equipment and Supplies, Home Health, Home Infusion Therapy, Hospice, Orthotics, Prosthetics, Renal Dialysis

CMS

State: All

Signature Requirements
The ordering or prescribing physician or Non-Physician Practitioner (NPP) must make a mark or sign on a document indicating their knowledge, approval, acceptance, or obligation to services
provided or certified. This article reviews what type of signature is acceptable. For example: Electronic, handwritten, signature logs and more.

What’s Changed?
We added information about:
● Stamped signatures (page 2)
● Artificial intelligence (page 2)
● Attestations and signature logs (page 3)
Substantive content changes are in dark red.

Home Health & Hospice: Medicare Provider Resources
ACHC Published: November 28, 2021
Date Expired: 11/30/2022

Program: Home Health, Hospice

CMS

State: All

Medicare covers a wide range of home health and hospice services. November, Home Care & Hospice Month, is a great time to get familiar with these resources:

Illinois – Update to the Nurse Practice Act
ACHC Published: September 13, 2021
Date Effective: 01/4/2021
Date Adopted: 01/4/2021

Program: Home Health, Home Infusion Therapy, Hospice, Private Duty, Renal Dialysis

Adopted

State: Illinois

Sets forth rules to modernize the Nurse Practice Act.

IL 18308 2020

Maryland – Residential Service Agency training requirements
ACHC Published: September 13, 2021
Date Proposed: 12/22/2020
Date Adopted: 05/31/2021

Program: Home Health, Home Infusion Therapy, Hospice, Private Duty

Adopted

State: Maryland

FOR the purpose of requiring each residential service agency, beginning on a certain date, to ensure that certain individuals receive certain training relating to dementia; providing that certain training may be provided by a certain supervisory staff member; prohibiting a residential service agency from requiring certain individuals to complete certain training; requiring an individual who provides certain training to issue a certification of completion to each individual who completes the training; requiring each residential service agency to maintain certain records; requiring certain individuals who have not received certain training to complete certain training on or before a certain date; defining a certain term; providing for the application of this Act; and generally relating to residential service agencies.

MD H 141
Amends the requirements regarding locations for and geographic areas of a home healthcare services agency.
ACHC Published: September 13, 2021
Date Proposed: 03/9/2021

Program: Home Health

Proposed

State: Arkansas

AN ACT TO AMEND THE REQUIREMENTS REGARDING LOCATIONS FOR AND GEOGRAPHIC AREAS OF A HOME HEALTHCARE SERVICES AGENCY; AND FOR OTHER PURPOSES.

 AR H 1687

Workplace Violence Prevention for Health Care and Social Service Workers Act
ACHC Published: September 13, 2021
Date Proposed: 02/22/2021

Program: Assisted Living, Home Health, Home Infusion Therapy, Hospice, Private Duty, Renal Dialysis, Sleep

Proposed

State: All

Directs the Secretary of Labor to issue an occupational safety and health standard that requires covered employers within the health care and social service industries to develop and implement a comprehensive workplace violence prevention plan.

US H 1195

Maryland – Home Health Orders for Nurse Practitioners under the Maryland TCOC Model CR11330
ACHC Published: September 11, 2021
Date Proposed: 10/14/2019
Date Effective: 01/1/2020

Program: Home Health

CMS

State: Maryland

CR 11330 will enable all Medicare-enrolled nurse practitioners in Maryland to certify home health services for Medicare beneficiaries as part of the Maryland Total Cost of Care (TCOC) Model. This will apply to services that the nurse practitioners provide on and after January 1, 2020. Medicare systems will be operational to process claims with dates of service on or after January 1, 2020, at the beginning of the second year of the Maryland TCOC Model. Make sure your billing staffs are aware of these changes.

Florida – Human Trafficking Sign posting requirements
ACHC Published: September 11, 2021
Date Proposed: 01/1/2021

Program: Home Health, Hospice, Pharmacy, Private Duty, Sleep

State: Florida

Each health care practitioner licensed by one of the named Boards in section 456.0341, Florida Statutes, must post a sign regarding human trafficking in a conspicuous place accessible to employees by January 1, 2021. The sign must be at least 11 X 15 inches and in at least 32-point type. The sign must contain statutorily required language and be posted in English and Spanish. The Department of Health has also provided Mandarin and Creole translations of these signs for use in offices where those languages are spoken.

This effects Occupational Therapist, Physical Therapist, Respiratory Therapist, Registered Dietitian, Pharmacist.

The Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131, has been updated
ACHC Published: September 11, 2021
Date Proposed: 09/4/2021

Program: Durable Medical Equipment and Supplies, Home Health, Hospice, Orthotics, Pharmacy, Prosthetics, Sleep

CMS

State: All

The ABN, Form CMS-R-131, and form instructions have been approved by the Office of Management and Budget (OMB) for renewal.  The use of the renewed form with the expiration date of 06/30/2023 will be mandatory on 8/31/2020.

Update – Due to COVID-19 concerns, CMS is going to expand the deadline for use of the renewed ABN, Form CMS-R-131 (exp. 6/30/2023).  At this time, the renewed ABN will be mandatory for use on 1/1/2021.  The renewed form may be implemented prior to the mandatory deadline.

Texting of Patient Information among Healthcare Providers -Release of S&C Memo 18-10-ALL, updated 1/5/2018
ACHC Published: September 9, 2021
Date Posted (CMS): 12/28/2017

Program: Ambulatory Care, Behavioral Health, Durable Medical Equipment and Supplies, Home Health, Hospice, Orthotics, Pharmacy, Prosthetics

CMS

State: All

Memorandum Summary:

  • Texting patient information among members of the healthcare team is permissible if accomplished through a secure platform
  • Texting of patient orders is prohibited regardless of the platform utilized
  • Computerized Provider Order Entry (CPOE) is the preferred method of order entry by a provider
NPI: What you need to know booklet
ACHC Published: September 8, 2021
Date Posted (CMS): 03/1/2021

Program: Behavioral Health, Durable Medical Equipment and Supplies, Home Health, Hospice, Orthotics, Pharmacy, Private Duty, Prosthetics

CMS

State: All

National Provider Identifier (NPI) – Educational booklet on what you need to know about the NPI.

Local Coverage Determination (LCD): Home Health – Psychiatric Care (L34561)
ACHC Published: September 7, 2021
Date Posted (CMS): 10/1/2015

Program: Home Health

CMS

State: All

Summary: Information for Local Coverage Determination for home health – psychiatric care. Includes coverage guidance, coding information, and general information. Information updated as of 111/9/2023