CMS Releases New Information to Help Health-Care Providers Prepare for the End of the COVID-19 Public Health Emergency on May 11

February 24, 2023
Policy Snapshot

To help health care providers prepare for the end of the COVID-19 public health emergency (PHE) on May 11, 2023, the Centers for Medicare & Medicaid Services (CMS) published updates about how the Medicare, Medicaid, Children's Health Insurance Program (CHIP), and Marketplace programs will be affected at the conclusion of the PHE. CMS is taking these steps to keep health-care providers informed as standards for compliance with CMS requirements are restored and other provider waivers will conclude as described in the updates. CMS’ approach aligns with the Biden-Harris Administration’s priority for an orderly, predictable transition leading into the close of the COVID-19 PHE.

CMS has used a combination of emergency authority waivers, regulations, enforcement discretion, and sub-regulatory guidance to ensure easier access to care during the PHE for health-care providers and their beneficiaries.

Some of the flexibilities that were created during the pandemic were recently expanded by the Consolidated Appropriations Act, 2023. Others, while critical during the initial responses to COVID-19, are no longer needed. CMS has made further updates to its CMS Emergencies Page with useful information for providers—specifically around major telehealth and individual waivers—that were initiated during the PHE.

Please reference the following guidance in response to the end of the PHE:

  • CMS COVID-19 Waivers and Flexibilities for Providers include:
    • Physicians and Other Clinicians
    • Hospitals and CAHs (including Swing Beds, DPUs), ASCs and CMHCs
    • Teaching Hospitals, Teaching Physicians and Medical Residents
    • Long Term Care Facilities (Skilled Nursing Facilities and/or Nursing Facilities)
    • Home Health Agencies
    • Hospice
    • Inpatient Rehabilitation Facilities
    • Long Term Care Hospitals & Extended Neoplastic Disease Care Hospitals
    • Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs)
    • Laboratories
    • Medicare Shared Savings Program
    • Durable Medical Equipment, Prosthetics, Orthotics and Supplies
    • Medicare Advantage and Part D Plans
    • Ambulances
    • End Stage Renal Disease (ESRD) Facilities
    • Participants in the Medicare Diabetes Prevention Program
    • Intermediate Care Facility for Individuals with Intellectual Disabilities
  • Department of Health & Human Services Fact Sheet

In the coming weeks, CMS will be hosting stakeholder calls and office hours to provide additional information. Please continue to visit the CMS Emergencies Page for continuous updates regarding PHE sunsetting guidance as information becomes available to the public.