In response to the COVID-19 Public Health Emergency (the “PHE”), the Centers for Medicare and Medicaid Services (“CMS”) issued numerous “blanket waivers” to increase access to medical services, and ease the regulatory burden on providers across the health care industry. In order to help providers understand the current status of the various waivers – some of which have been codified into law or adopted through the regulatory process, and others of which have already been terminated – CMS has issued a “Road Map” through a series of Fact Sheets for different provider types.

The CMS Fact Sheets are available for the following types of providers:

• Physician and Other Clinicians
• Hospitals and Critical Access Hospitals, 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 and 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

The declaration of the PHE is currently set to expire on October 15^th. However, it is likely to be renewed for another 90 days. The Secretary of the Department of Health and Human Services, Xavier Becerra, has stated that CMS will provide 60-days’ notice prior to ending the PHE. In any event, we recommend that all health care providers review the relevant Fact Sheet(s) and begin preparing to normalize operations now to ensure compliance.