CMS Issues Guidance for States as They Emerge from Public Health Emergency Restrictions

On April 19, 2020, the Centers for Medicare and Medicaid Services (CMS) released guidelines and recommendations for providers and facilities as they emerge from public health emergency restrictions. These guidelines were released in response to the Administration’s release of  Guidelines for Opening Up America Again on April 16, 2020. The Administration’s plan for re-opening America consists of a three-phase process in which restrictions are relaxed gradually.

CMS issued guidance for states entering Phase 1 of the reopening process. CMS continues to recommend maximum use of telemedicine to mitigate the spread of COVID-19 and preserve the use of personal protective equipment (PPE). For states considering resuming in-person, non-emergency care for non-COVID-19 patients, CMS is recommending that health systems or clinicians:

  • Coordinate with state and local officials to evaluate the incidence and trends for COVID-19 in the area where re-starting in-person care is being considered;
  • Evaluate the necessity of care based on clinical needs;
  • Use personal protective equipment for patients and staff, make efforts to conserve PPE;
  • Screen, and test and quarantine symptomatic staff;
  • Create areas of non-COVID Care and maintain social distancing protocols in facilities;
  • Implement sanitation protocols;
  • Maintain adequate supplies, and do not detract from the community’s ability to respond to potential surge; and
  • Establish adequate testing capability and protocols.

Stay up-to-date on COVID-19 emerging issues through the McDermottPlus Coronavirus Resource Center or the McDermott, Will & Emery Coronavirus Resource Center.



For more information visit the McDermottPlus Payment Innovation Resource Center or contact Sheila Madhani at 202-204-1459/ or Mara McDermott at 202-204-1462/