On September 6, 2022, the Centers for Medicare & Medicaid Services (CMS) released a Request for Information (RFI) seeking public input to assess the impact of the waivers and flexibilities provided in response to the COVID-19 Public Health Emergency. 

The RFI is focused on the disparities in health and health care throughout the United States, in an effort to improve health outcomes, particularly as COVID-19 waivers have, or will, expire. The RFI addresses several topics, including the challenges of accessing health care, advancing health equity, and provider wellbeing.  Of most interest to provider stakeholders, however, may be CMS’s request for feedback related to the impact of its COVID-19 waivers, such as eligibility and enrollment flexibilities.  For example, providers may wish to comment on which of the waivers should become permanent, such as telehealth waivers, or the impact of PHE waivers and preparation for future health emergencies. 

CMS encourages comments from any interested stakeholder (e.g., providers, clinicians, patients and consumer advocates). The RFI is open through November 4, 2022, and may be accessed here. If you are an interested party and wish to submit a comment to CMS for consideration, Thompson Coburn’s Health Care team is experienced and able to assist. 

Jennifer Pike and Catherine Feorene are members of Thompson Coburn’s Health Law Practice Group.