8 May, 2023 16:32

May 8, 2023
CMS Guidance on the End of PHE
Dear RHC:

CMS issued a memo on May 1, 2023 to help clarify the changes that are imminent as we near the end of the Public Health Emergency (PHE). QSO-23-13-ALL covers all provider types but we want to outline the areas that impact RHCs directly:

1. Vaccine mandate is currently listed under 42 CFR 491.8(d) for the RHC. However, on pg. 2 of the attached memo, CMS is going to end the mandate BUT we await a rule change before RHCs can implement this change at their facilities. At this time, the clinic is still subject to 491.8(d) until further clarification is provided as promised in the attached document.

2. Emergency preparedness training and testing cycle was also further defined on pg. 2-3 of the document. Clinics must return to their testing cycle as defined at 42 CFR 491.12(d)(2).

3. Waiver timelines for the RHC are also clarified on pg. 20 and 22 of the document. 50% coverage by an APP and temporary expansion allowance ends on 5/11/23. Oversight of an NP ends 12/31/23. Please note that the oversight waiver only applies to the federal level. The clinic must maintain compliance with any State oversight laws.

Please let us know if you have any questions regarding the above changes.

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