Public Health Emergency Extended 90 More Days, Will This be the Final Time?

Published in Government Relations on October 14, 2022

On Thursday, Oct. 13, 2022, HHS Secretary Xavier Becerra announced an extension of the COVID-19 Public Health Emergency (PHE). This extension will last another 90 days from October 13, 2022. Anytime there is a PHE declaration, it can only last for 90 days at a time but can be extended or renewed. It has already been renewed multiple times. 

There are several provisions tied to the duration of the PHE that will remain in place due to the extension of the PHE, including: 

  • Medicare’s 75/25 blended rates for non-rural, non-CBA areas 
  • Medicare’s 50/50 blended rate for rural areas 
  • COVID-19 testing at no cost to the patient 
  • Waivers of certain telehealth restrictions 
  • Waivers related to Medicare medical policies (LCD) 

Remember, the competitive bid areas (CBA) continue with the existing payment methodology, known as the single payment amount (SPA); the PHE extension does not affect payments in these areas.  

Reimbursement is based on the beneficiary's permanent address on file with SSA. 

The next reconsideration for renewal is in January 2023.  

While the PHE has been renewed for another 90 days, it would be a suitable time for suppliers to begin preparations for the PHE to be terminated. This means running reports looking for claims that are still being submitted with the CR modifier and “COVID-19” in the claimed narrative, looking to see what the CR is still being appended. Also, be familiar with the patients living in the non-rural, non-CBA areas because these areas will be affected by the reimbursement rates changing post-PHE. We do know that HHS Secretary Becerra has stated that there will be a 60-day notice prior to the termination of the PHE. We also know CMS will provide instructions near the 60-day notice of termination that will guide suppliers on the next steps. 

Here is other important information from Ronda Buhrmester, Sr. Director of Payer Relations and Reimbursement with VGM & Associates, that you DON'T want to miss! 

Ronda Vlog: Update on Sleep Studies for New CPAP Patients 
Live Chat with Ronda: Open Mic Live Chat Oct. 28 
Ronda Podcast: A Chat With Ronda Buhrmester About Important Reimbursement Updates and Getting Paid Faster
Ronda’s next appearance: Speaking at Medtrade East in Atlanta – October 2022

From Our Experts

OIG Report Signals Increased Fraud Oversight for DMEPOS Suppliers thumbnail OIG Report Signals Increased Fraud Oversight for DMEPOS Suppliers The HHS Office of Inspector General (OIG) recently released a white paper examining ongoing Medicare fraud involving durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Preparing for Increased Audit Activity: How VGM Group and The van Halem Group Can Help thumbnail Preparing for Increased Audit Activity: How VGM Group and The van Halem Group Can Help The recent HHS Office of Inspector General (OIG) report on DMEPOS fraud signals that CMS is likely to increase oversight activities across the industry. The report calls for enhanced supplier enrollment screening, more aggressive medical reviews, expanded use of artificial intelligence and data analytics, greater physician order verification, and increased scrutiny of supplier ownership and billing practices. CMS Releases Critical Updates On The Medicare Supplier Enrollment Moratorium And Round 2028 Competitive Bidding Program thumbnail CMS Releases Critical Updates On The Medicare Supplier Enrollment Moratorium And Round 2028 Competitive Bidding Program See CMS' notice on the Medicare Supplier Enrollment Moratorium below: Medicare's DMEPOS Supplier Enrollment Moratorium Has Expired | Action Required for Round 2028 Bidders This message is to inform you that the 6-month temporary moratorium on accepting Medicare supplier enrollment applications, which became effective on February 27, 2026, has now expired as of August 27, 2026. CMS Updates CBIC Website Bid Preparation Guidance for Round 2028 Competitive Bidding Program thumbnail CMS Updates CBIC Website Bid Preparation Guidance for Round 2028 Competitive Bidding Program On August 13, 2026, CMS posted several updated and new Fact Sheets and one new FAQ to the Bid Preparation Phase page on the CBIC website. Providers interested in submitting a bid for Round 2028 can find more program details, including the estimated number of contract awards, for each category. Important: HME Supplier Survey on Round 2028 Competitive Bidding Impact thumbnail Important: HME Supplier Survey on Round 2028 Competitive Bidding Impact AAHomecare is conducting a brief survey to help quantify the potential impact that Medicare's Remote Item Delivery (RID) model of Competitive Bidding would have on HME suppliers providing continuous glucose monitors (CGMs), insulin pumps, ostomy supplies, and/or urological supplies. Survey findings will be used to inform discussions with the White House, the Centers for Medicare and Medicaid Services (CMS), and Congress about the potential effects on supplier businesses, jobs, and patient... CMS Makes Finalized Change to DMEPOS Competitive Bidding Program thumbnail CMS Makes Finalized Change to DMEPOS Competitive Bidding Program The Centers for Medicare and Medicaid Services (CMS) has issued the FY 2027 Inpatient Rehabilitation Facilities (IRF) Prospective Payment System (PPS) Final Rule (CMS-1845-F), increasing the DMEPOS Competitive Bidding Program's bid surety bond amount to $100,000 (previously $50,000).... VGM Government Relations Launches State Payer Resource Hub for DMEPOS Providers thumbnail VGM Government Relations Launches State Payer Resource Hub for DMEPOS Providers This resource brings together key information frequently used by DMEPOS providers. Kentucky Governor Announces Reprieve from Previously Announced Kentucky Medicaid 4% Rate Cut thumbnail Kentucky Governor Announces Reprieve from Previously Announced Kentucky Medicaid 4% Rate Cut The administration expects the surplus funding to sustain current reimbursement levels through June 2027.