RESCINDED: CMS will continue to exercise enforcement discretion under CLIA during the PHE

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Nelson Mullins Riley & Scarborough LLP

In a quick turnaround, CMS rescinded its September 26, 2022 memo and has decided it will continue to exercise its enforcement discretion under CLIA for the duration of the COVID-19 public health emergency for the use of SARS-CoV-2 molecular and antigen point of care (POC) tests on asymptomatic individuals outside of the test’s authorization.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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