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CMS Waivers, Flexibilities, and the Transition Forward from the COVID-19 Public Health Emergency
CMS Waivers, Flexibilities, and the Transition Forward from the COVID-19 Public Health Emergency
As part of the Centers for Medicare & Medicaid Services (CMS) ongoing efforts to provide up-to-date information to prepare for the end of the Public Health Emergency (PHE) for COVID-19, which is expected on May 11, 2023, a new overview fact sheet on CMS Waivers, Flexibilities, and the Transition Forward from the COVID-19 Public Health Emergency has been created. Over the next several months, the goal of CMS is to ensure a smooth transition back to normal operations. The fact sheet will provide clarification on topics including:
COVID-19 vaccines, testing, and treatments;
Telehealth services;
Health Care Access
Please visit the CMS Emergencies Page for continuous updates regarding PHE sunsetting guidance as information becomes available to the public.
All Good Things Must Come to an End
All Good Things Must Come to an End
We all know, the Public Health Emergency (PHE) is ending on May 11, 2023, and this means that most of the 1135 waivers issued will come to an end as well.
As a home health agency (HHA), the 1135 waivers have been a great help, but after May 11th a return to the pre-pandemic requirement with components such as completion of the OASIS/Comprehensive Assessment will again be required to be completed within five days, and transmission of OASIS documents to the database must be completed within 30 days. Therefore, as an HHA, it is essential to plan appropriately and ensure that all necessary components meet the regulations.
HIPAA regulations were relaxed and the use of software systems such as Skype was allowed (but will not be allowed with the end of the PHE); with the end of the PHE, any telehealth services used must ensure HIPAA compliance. Face-to-face telehealth encounters will remain available through December 31, 2024, but must be conducted with audio and video components and not telephone only.
The waiver allowing home health aides not to be compliant with the 12-hour education will also end and home health aides will need to comply with a 12-hour education requirement beginning January 1, 2024. The required home health aides' skilled supervisory visit every two weeks will resume on May 12.
If you have not already, now would be a good time to begin preparations to avoid survey deficiencies or payment reductions due to non-compliance.
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