CMS Issues Broad Changes in Response to COVID-19

The Centers for Medicare and Medicaid Services (CMS) this week announced a wide array of temporary rule changes and waivers in response to the COVID-19 pandemic.

The new regulations will afford health care facilities more flexibility in addressing patient needs as they grapple with the virus.

However, because they are intended to increase capacity and promote telemedicine, they are also likely to impact working conditions for our members across the U.S. health care sector.

Any health care facility that accepts Medicare or Medicaid patients must comply with CMS regulations.

We are closely monitoring these changes, which go into effect immediately, and will provide further updates as we learn more.

Changes include:

  • Local ambulatory surgery centers may now contract with local health care systems to provide hospital services. They are also allowed to enroll and bill as hospitals consistent with their state’s emergency plan.
  • Non-hospital buildings approved by the state may now be used for quarantine sites and patient care. Hospital emergency departments may test and screen patients for COVID-19 at drive-through and off-campus test sites.
  • Hospitals are now allowed to bill for services provided outside of their walls including for telehealth services.
  • Providers are also being offered temporary relief from paperwork requirements, including audit and reporting requirements for Medicaid and Medicare.
  • Hospitals are now able to hire local private-practice clinicians to address potential surges.  Hospitals may also transfer critical equipment, including telehealth items, to support the practice of these workers.
  • Health care providers are now allowed to temporarily enroll in Medicare in order to provide care during the public health emergency.
  • More than 80 additional services are now allowed to be provided via telehealth for new and existing patients. These services include emergency department visits, initial nursing facility and discharge visits, home visits, patient monitoring and therapy services. Providers may now bill for telehealth visits at the same rate as in-person visits.