COVID-19 Regulatory Resources

  • CMS COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (Posted 6/11/21)
    The Administration is taking aggressive actions and exercising regulatory flexibilities to help healthcare providers contain the spread of 2019 Novel Coronavirus Disease (COVID-19). CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration’s aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.
  • CMS HCBS Fraud Oversight Letter (Posted 7/21/21)
    Letter from the U.S. Senate Special Committee on Aging to CMS: After decades of funding rebalancing, there are still no generally accepted quality measures for HCBS. It remains impossible to compare states’ Medicaid HCBS along quality measures in a scorecard, such as CMS compiles for other Medicaid elements. Last year, the U.S. Department of Health and Human Services’ (HHS) Office of the Inspector General (OIG) noted its programmatic oversight work “consistently demonstrates that patients and programs may be vulnerable to fraud and abuse in home and community-based settings. Moreover, home-based services may not meet quality of care requirements.” Effective solutions to improve quality of care and prevent fraud in Medicaid HCBS are imperative to ensure that older Americans can age at home.
  • CMS Letter SMD# 21-003 v1 (Posted 6/3/21)
    The purpose of this letter is to provide guidance to states on the implementation of section 9817 of the ARP, as well as to describe opportunities for states to strengthen the HCBS system in response to the COVID-19 Public Health Emergency (PHE), increase access to HCBS for Medicaid beneficiaries, adequately protect the HCBS workforce, safeguard financial stability for HCBS providers, and accelerate long-term services and supports (LTSS) reform under section 9817 of the ARP.
  • CMS Memo QSO-21-17-NH v1 (Posted 6/3/21)
    CMS continues to review the need for existing waivers issued in response to the Public Health Emergency (PHE). Over the course of the PHE, nursing homes have developed policies or other practices that we believe mitigates the need for certain waivers. Therefore, CMS is announcing it is ending: *The emergency blanket waivers related to notification of Resident Room or roommate changes, and Transfer and Discharge notification requirements; *The emergency blanket waiver for certain care planning requirements for residents transferred or discharged for cohorting purposes. *The emergency blanket waiver of the timeframe requirements for completing and transmitting resident assessment information (Minimum Data Set(MDS). • CMS is providing clarification and recommendations for Nurse Aide Training and Competency Evaluation Programs (NATCEPs)
  • CONNECT for Health Act of 2021 Summary v1
    The CONNECT for Health Act of 2021 promotes higher quality of care, increased access to care, and reduced spending in Medicare through the expansion of telehealth services.
  • FAQ on Medicare Fee-for-Service (FFS) Billing (Posted 1/26/22)
    We note that in many instances, the general statements of the FAQs referenced above have been superseded by COVID-19-specific legislation, emergency rules, and waivers granted under section 1135 of the Act specifically to address the COVID-19 public health emergency (PHE). The policies set out in this FAQ are effective for the duration of the PHE unless superseded by future legislation.
  • Focused Infection Control Toolkit v1 (Released 6/23/20)
    On Friday, March 13, 2020, the President declared a national emergency which triggered the Secretary’s ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). Under section 1135(b)(5) of the Act, CMS is prioritizing surveys, including infection control surveys for nursing homes. This toolkit includes the survey preparation checklist, entrance conference guide and several policies related to containing the spread of COVID-19 to assist you in preparing for a focused survey.
  • Focused Infection Control Toolkit - Spanish v1 (Released 6/23/20)
    On Friday, March 13, 2020, the President declared a national emergency which triggered the Secretary’s ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). Under section 1135(b)(5) of the Act, CMS is prioritizing surveys, including infection control surveys for nursing homes. This toolkit includes the survey preparation checklist, entrance conference guide and several policies related to containing the spread of COVID-19 to assist you in preparing for a focused survey. (Spanish version)
  • Liability Sign On Letter v1 (Posted 6/15/20)
    Letter requesting that Congress act to provide reasonable liability protections during this health crisis by expanding the protections in section 3215 of the CARES Act to all health care professionals and front-line facilities.
  • Medical Record Maintenance & Access Requirements v1 (Posted 6/3/21)
    This fact sheet educates Medicare physicians, nonphysician practitioners, hospitals, other providers, and suppliers on the updated regulations at 42 Code of Federal Regulations (CFR) Section 424.516(f). It gives information on updated documentation maintenance and access requirements for billing services to Medicare patients. It also tells you how long to keep the documentation and who is responsible for providing access.