CMS Issues Guidance for Providers on Waivers, Flexibilities and End of COVID-19 Public Health Emergency

The Centers for Medicare & Medicaid Services (CMS) recently issued a Fact Sheet (Fact Sheet) providing guidance on the impact of the end of the federal COVID-19 Public Health Emergency (PHE) on certain regulatory waivers, legislative changes, and flexibilities that have been established during the PHE. The government previously announced that the PHE will expire at the end of the day on May 11, 2023. CMS is providing this guidance as part of efforts to ease the transition for health care providers, patients, and other industry stakeholders away from pandemic-era policies and practices tied to PHE authorities. CMS emphasizes that many of the waivers and flexibilities are or will become permanent or extended, and others are intended to end on or soon following May 11, 2023.

Below please find a summary of key guidance provided by CMS in the Fact Sheet and in related CMS PHE guidance documents issued recently:

I. Telehealth Access


Medicaid & CHIP Beneficiaries

Other Telehealth Considerations

II. COVID-19 Vaccines, Testing, and Treatment


Medicaid & CHIP

III. COVID-19 Waivers – Health Care Providers and Suppliers

Blanket Waivers for Disaster Responses

Hospital at Home

Nurse Aide Training for Nursing Homes

Virtual Supervision

Scope of Practice

Health and Safety Requirements

Stark Law Blanket Waivers

Physician Licensure

Health care providers, patients, and other industry stakeholders would be well-advised to carefully consider the waivers and flexibilities on which they are currently relying to deliver care, and to assess how those waivers and flexibilities may be changing or ending in the coming months.

Paul Sevigny, legal intern at Robinson+Cole, co-authored this article. Paul is not admitted to practice law.

Copyright © 2024 Robinson & Cole LLP. All rights reserved.
National Law Review, Volumess XIII, Number 75