Lexology December 1, 2023
On Nov. 13, 2023, the Centers for Medicare & Medicaid Services (CMS) finalized its 2024 home health rule, which includes certain changes applicable to Medicare-enrolled hospices. This rule initially was proposed June 30, 2023, as discussed in a prior McGuireWoods client alert.
In particular, the final rule now extends CMS’ 36-month rule to Medicare-enrolled hospices, thereby prohibiting these hospices from undergoing a change in majority ownership within 36 months of initial enrollment in Medicare or the most recent change in majority ownership.
Hospice 36-Month Rule
The final rule prevents Medicare-enrolled hospices from undergoing a change in majority ownership, meaning a change in more than 50% of the hospice’s direct ownership interests, within 36 months of the hospice’s initial enrollment in...