CMS announces nationwide Medicare enrollment moratoria on home health agencies and hospices

On May 13, 2026, the Centers for Medicare & Medicaid Services (CMS) announced the imposition of a six‑month nationwide moratorium on Medicare enrollment for home health agencies (HHAs) and, in a separate but concurrent action, a six-month nationwide moratorium on Medicare enrollment for hospices. The HHA and hospice moratoria are effective May 13, 2026.

Tied to CMS’s “crackdown on fraud, waste, and abuse in the Medicare program by stopping improper billing and preventing bad actors from entering the system,” this is another CMS action aimed at addressing fraud. See our prior alert regarding the current Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Medicare enrollment moratorium.

This alert summarizes the moratoria and provides key takeaways for providers, investors, and other stakeholders.

What are the enrollment moratoria announced by CMS?

The moratoria are temporary six-month bans on all new:

• HHAs
• HHA branches or practice locations
• Hospices, or
• Hospice practice locations

The moratoria do not apply if the applicable Medicare contractor received the HHA’s or hospice’s enrollment application before May 13, 2026.

Geographically, the moratoria apply to HHAs and hospices seeking to enroll anywhere in the US, including all states, territories, and the District of Columbia.

CMS notes that prior HHA moratoria included the establishment of HHA subunits of branches, but that since CMS ended the “subunit” designation in 2018, subunits are not part of the present HHA moratorium.

Will the moratoria impact acquisitions of HHAs and hospices?

They could. The moratoria apply to new enrollments of HHAs and hospices required under the Change in Majority Ownership (CIMO) rule (42 C.F.R. § 424.550(b)). Unlike the recent DMEPOS CIMO rule, which became effective January 1, 2026, the CIMO rule impacting HHAs and hospices has been in effect since 2010 for HHAs and 2024 for hospices. The CIMO rule for HHAs and hospices requires HHAs and hospices that are undergoing a non-exempt CIMO within 36 months of their initial enrollment (or within 36 months of their most recent CIMO) to enroll in Medicare as a brand-new HHA or hospice and undergo a state survey or accreditation. The current enrollment and provider agreement of the HHAs and hospices are terminated in that situation.

Therefore, if an HHA or hospice undergoes a non-exempt CIMO within 36 months of its initial enrollment (or within 36 months of its most recent CIMO) to enroll in Medicare as a new HHA or hospice, the moratoria would prohibit the HHA or hospice from re-enrolling in the Medicare program (as a result of a non-exempt CIMO), because it would constitute an initial enrollment.

Do the moratoria apply to enrollments in state Medicaid programs?

No. The moratoria do not directly apply to state Medicaid program enrollment; however, CMS is permitting each state to implement HHA and hospice moratoria based on its beneficiary population and geographic considerations. CMS is encouraging each state to consult with CMS on the prospect of implementing a Medicaid- or Children's Health Insurance Program (CHIP)-based (or both) HHA or hospice moratorium in their jurisdiction.

In the DMEPOS context, Florida and Rhode Island have DMEPOS enrollment moratoria in effect; other states may follow.

State Medicaid agencies may also begin to implement their own HHA and/or hospice enrollment moratoria.

Are there circumstances when the moratoria do not apply?

Yes. Similar to the DMEPOS enrollment moratorium, the moratoria do not apply to:

• Changes in provider or supplier information, such as phone number or address
  
  
• Enrollment applications received by the Medicare contractor prior to the effective date of the moratoria
  
  
  • The return or rejection of a pre-moratoria enrollment application may mean that any resubmission application may have to wait until the moratoria are lifted
    
    
• Revalidation applications undertaken by currently enrolled HHAs or hospices to renew enrollment records

How long will the moratoria last?

The moratoria are temporary and will remain in effect for six months. Similar to the current DMEPOS enrollment moratorium, CMS has the authority to extend the moratoria in six-month increments. CMS will announce any extension or lifting of the moratoria in the Federal Register.

While it is unclear how long these moratoria will last, CMS has previously exercised its authority to extend and expand prior enrollment moratoria.

Key takeaways

• Providers are encouraged to carefully review whether a transaction may trigger a CIMO for an HHA or hospice. While the moratoria directly impact newly enrolling HHAs and hospices, acquisitions may warrant additional structuring and analysis to determine whether the moratoria apply.
  
  
• Existing, enrolled Medicare HHAs and hospices should be able to continue operations, but may consider potential expansion plans involving new practice locations (for HHAs and hospices) and branches (for HHAs).
  
  
• Stakeholders are encouraged to monitor whether state Medicaid agencies implement similar moratoria.

Learn more

DLA Piper is continuing to monitor these developments, including the expansion of the moratoria by states to their Medicaid programs.

For additional information regarding the Moratoria and how they may impact business or acquisition prospects, please contact the authors of this alert or any member of DLA Piper’s Healthcare Regulatory team.