Regulatory and Programmatic Flexibilities to Maintain or Discontinue Following the COVID-19 Pandemic

CMS along with state and local governments have responded to the COVID-19 public health emergency with a suite of resources and supports for the health care system. One of the core components of these resources and supports includes modifying or waiving certain regulatory or programmatic requirements for the delivery of certain services and items under the Medicaid and Medicare programs.

The full scope of these flexibilities has been a critical tool for states, providers, and managed long-term services and supports (MLTSS) plans to effectively respond to the challenges in delivering LTSS created by COVID-19. As MLTSS plans have had more time to implement these flexibilities, certain modifications have proven to be highly effective and warrant further consideration to be made permanent. However, other flexibilities have presented themselves as unsustainable.

The purpose of this document is to put forward the series of flexibilities that should be made permanent past the public health emergency period alongside the flexibilities that should be discontinued, based on the experiences of MLTSS plans. Read the full document here.