Representatives Kevin Hern (R-OK) and Terri Sewell (D-AL) on September 4, 2025 introduced the bipartisan Medicare Beneficiary Home Health Access Protection Act of 2025 (H.R. 5142), a bill that would require the Secretary for Health and Human Services to issue a special rule for calendar years (CY) 2026 and 2027 to provide a positive adjustment to the standard Medicare Fee-for-Service (FFS) payment and to fully offset the adjustments (-4.059% permanent and -5% temporary) proposed for CY2026 and any future behavioral adjustments for CY2027.

Katie Smith Sloan, president and CEO, LeadingAge said of the legislation, “Home health agencies deliver critical services that help older adults in healthcare recovery or ongoing aging in place. The deep cuts in Medicare fee for service payment currently proposed threaten beneficiaries’ access to care and all providers’ viability–and may have a disproportionate impact on our nonprofit and mission-driven provider members by eroding their ability to serve as safety net partners, to accept complex referrals, and to maintain essential community services like vaccination programs. We appreciate that Representatives Hern and Sewell recognize both providers’ need for relief from these looming reductions and the importance of older adults’ and families’ ability to continue to access care. This legislation relieves payment pressure, short-term, and ensures the time needed to work toward a sustainable solution. We wholeheartedly support it and appreciate the leadership of Representative Hern and Representative Sewell on this critical issue.”

The comment period for the CY2026 Home Health Proposed Rule closed on August 29 with over 950,000 comment received across all the items included in the rule. The final rule is expected to be released at the end of October and will go into effect January 1, 2026.