CMS Finalizes Hospice Special Focus Program, 36-Month Rule

On November 1, 2023, the U.S. Centers for Medicare & Medicaid Services (CMS) finalized its 2024 home health rule, introducing a hospice Special Focus Program (SFP). This rule also enforces the "36-month" rule for hospice providers, preventing any change in majority ownership during the first 36 months after initial Medicare enrollment. The SFP aims to identify and support poor-performing hospices using an algorithm based on indicators such as survey reports with Condition-Level Deficiencies (CLDs) and complaints with substantiated allegations. While some in the hospice community have concerns about the algorithm, CMS plans to evaluate and modify the program in the future to enhance care delivery.