Q&A: Am I an “Essential Business”?

Published in Women's Health on March 24, 2020

Answer: On March 19, the Department of Homeland Security and the Cybersecurity and Infrastructure Security Agency (CISA) issued guidance at a federal level regarding which business types are considered essential. It is important to note that in that memo, they clarify that “We recognize that state, local, tribal, and territorial governments are ultimately in charge of implementing and executing response activities in communities under their jurisdiction, while the federal government is in a supporting role… Accordingly, this list is advisory in nature. It is not, nor should it be considered to be, a federal directive or standard in and of itself.” Because of this, we strongly recommend that you contact, and stay in contact with, your LOCAL public health officials regarding which businesses are considered essential from their perspective. 

The memo goes on to list roughly 14 broad categories of essential industries, and one of those categories is healthcare/public health. Within that category, it goes on to list several specific personnel and business types. For the DMEPOS industry, while the guidance does not specifically include the words durable medical equipment provider or orthotic/prosthetic practitioner, it does list: 

  • Distributors of medical equipment, PPE, medical gases
  • Manufacturers
  • Caregivers
  • Hospital and lab personnel/other medical facilities
  • Warehouse operators
  • Pharmacies

We know of several instances where DMEPOS suppliers have reached out to their state or city officials who have issued lockdowns or shelter-in-place orders, and we don’t know of any who have categorized a DMEPOS supplier as nonessential and asked them to fully close or cease operations. In every instance we are aware of right now, DMEPOS providers have been categorized as essential and may continue to operate, though it may make sense for them to change or scale back their operations temporarily, prioritizing what has to be done now and what can wait.

Based on the information above, VGM feels comfortable stating that you, the companies who provide DMEPOS related products and services, are indeed essential during this COVID-19 pandemic. We would encourage you to have your employees carry their employment badges with them if they are out in the community throughout the day, or perhaps a letter from you, the employer, explaining why they are required to be out during a lockdown or shelter-in-place order.

VGM also reached out to Jeff Baird at Brown and Fortunato, who summarized this topic concisely with the following statement: “Federal, state, and local governments are defining ‘Essential Services,’ ‘Essential Personnel,’ and ‘Healthcare’ very broadly. The CISA memo is a good place to look for guidance and appears to have been utilized in executive orders issued by state governors. Although there is no guarantee that a governmental agency will not conclude otherwise, it is my opinion that DMEPOS suppliers can credibly take the position that they fall within the ‘Essential Services’ category.”

The full CISA memo from the Dept. of Homeland Security can be found here.


TAGS

  1. covid-19
  2. essentially women
  3. women's health

From Our Experts

Protecting Your Business With Viable and Sustainable Payer Contracts thumbnail Protecting Your Business With Viable and Sustainable Payer Contracts Read how to protect your durable medical equipment, prosthetic, orthotic, and supplies (DMEPOS) business by ensuring that you have payer contracts that have long-term viability, as this is one of the most important factors in determining whether your company ultimately succeeds or fails. Locking the Digital Door to Risk: Proactive IT and Website Security Strategies to Protect Your Business thumbnail Locking the Digital Door to Risk: Proactive IT and Website Security Strategies to Protect Your Business With the increasing number of cyber threats and data breaches, it's important to take the necessary steps to protect your business from these risks. The PHE Is Over: What's Next? thumbnail The PHE Is Over: What's Next? In today's episode of Industry Matters, Mandi Joyner, Senior Director of Marketing at VGM & Associates, talks with three of VGM's payer, billing, and reimbursement experts Ronda Buhrmester, Dan Fedor, and Craig Douglas about the end of the Public Health Emergency (PHE) and what that means for members. How to Navigate Supply Chain Issues thumbnail How to Navigate Supply Chain Issues The DMEPOS supply chain was significantly disrupted by the COVID-19 pandemic, and the industry is gradually making its way back to a more typical state. Nevertheless, certain procedures that were developed out of necessity during the pandemic's onset and peak have evolved into effective best practices. One of the most crucial lessons learned is the importance of close collaboration between providers and their trusted vendors, manufacturers, or distributors to ensure success. The State of DMEPOS: Where Does Our Industry Stand Now, and Where Are We Heading? thumbnail The State of DMEPOS: Where Does Our Industry Stand Now, and Where Are We Heading? Jeremy Stolz, President, VGM & Associates and VGM Fulfillment, outlines several areas of the DMEPOS industry to consider as part of your business' action plan for 2023. VGM & Associates Releases Latest Playbook on Safeguarding Your Future in DMEPOS thumbnail VGM & Associates Releases Latest Playbook on Safeguarding Your Future in DMEPOS VGM & Associates has released the second playbook of 2023, “VGM Playbook: Safeguarding Your Future in DMEPOS.” Essentially Women Announces Website Redesign thumbnail Essentially Women Announces Website Redesign Essentially Women (EW), a division of VGM & Associates, is excited to unveil their newly redesigned website, essentiallywomen.com. Overcoming Staffing Changes One Piece at a Time thumbnail Overcoming Staffing Changes One Piece at a Time VGM member Jim Lehan, Business Operations Director, Lehan Drugs Inc., describes how his business improved their staffing challenges through hiring and retention, automation, and outsourcing.