In response to the COVID-19 Public Health Emergency (PHE), CMS temporarily waived a significant number of Medicare, Medicaid and Children’s Health Insurance Program (CHIP) requirements and conditions of participation pursuant to Section 1135 of the Social Security Act. These waivers afforded healthcare providers enhanced flexibility to address the unique concerns posed by the novel coronavirus and to ensure access to sufficient healthcare items and services.
With the PHE currently set to expire in October, CMS is incrementally issuing guidance to assist the healthcare sector transition to pre-PHE operations. To this end, on August 18, 2022, CMS released provider-specific fact sheets summarizing the current status of COVID-19 waivers.
The fact sheets provide specific guidance to each of the following provider types and Medicare programs and waivers:
Importantly, the fact sheets outline which waivers are set to return to pre-PHE rules at the end of the calendar year the PHE ends. They also identify which waivers have been made permanent through rulemaking, congressional action, or otherwise.
HHS has promised to provide 60 days’ notice before ending the PHE. Because there are fewer than 60 days left before the end of the current PHE and HHS has not provided notice it is ending, it is expected that the PHE will be renewed again.
Regardless of when the PHE expires, healthcare providers can take steps now to prepare to resume normal operations. CMS accordingly advises that providers should periodically review CMS fact sheets to track the status of COVID-19 waivers in the coming months. Guidance related to Medicaid programs is also available here.
