Member Q&A: Am I an “Essential Business”?

Published in Member Communities on March 25, 2020

Answer: On March 19th, 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 non-essential 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 “Health Care” 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 guaranty 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. An updated memo can be found here. Feel free to check the CISA website for more recent updates.

From Our Experts

Expanding Your DME Offerings for Breastfeeding Awareness Month thumbnail Expanding Your DME Offerings for Breastfeeding Awareness Month Discover how DME providers can celebrate Breastfeeding Awareness Month in August 2025 by expanding their offerings to include mother/baby products. Key Insights from MedPAC's July Data Book for DME Providers thumbnail Key Insights from MedPAC's July Data Book for DME Providers Learn about the evolving Medicare landscape, the impact of an aging population, and the shift towards home healthcare from MedPAC's July 2025 Data Book. Announcing the Finalists for the 2025 O&P Woman of the Year Award thumbnail Announcing the Finalists for the 2025 O&P Woman of the Year Award OPGA is thrilled to announce the finalists for the 2025 O&P Woman of the Year Award. These remarkable women will be honored during the AOPA National Assembly, taking place on Thursday, Sept. 4, at 9:50 a.m. in the Product Preview Theater (PPT) within the exhibit hall. Revolutionizing Independent Living: How Smart Home Technologies Are Reshaping Accessibility thumbnail Revolutionizing Independent Living: How Smart Home Technologies Are Reshaping Accessibility As the global population ages and the demand for accessible housing accelerates, smart home technologies are emerging as essential tools, not just for convenience, but for safety, autonomy, and well-being. Today's smart products, like Autoslide's automatic door systems and Yale's smart locks, are more than gadgets. They are assistive technologies designed to empower people with limited mobility. A Quick Guide to the New NCD for Non-Invasive Positive Pressure Ventilation thumbnail A Quick Guide to the New NCD for Non-Invasive Positive Pressure Ventilation Discover the key changes in Medicare's new NCD for non-invasive positive pressure ventilation (NIPPV) for chronic respiratory failure due to COPD. A Letter from the President: Clarity, Connection, & Champions of Change thumbnail A Letter from the President: Clarity, Connection, & Champions of Change This letter explores the importance of clarity, simplicity, and strategic partnerships, while providing insights on strengthening customer relationships. NAAOP Hosts First Ever In-Person Legislative Fly-In thumbnail NAAOP Hosts First Ever In-Person Legislative Fly-In Last week, 33 stakeholders, advocates, and leaders from around the O&P industry convened at the offices of Powers Pyles Sutter & Verville PC in Washington, D.C., as part of The National Association for the Advancement of Orthotics and Prosthetics's (NAAOP) first ever in-person legislative fly-in. Co-sponsored by OPGA, the fly-in kicked off with an in-depth discussion and strategy session surrounding several legislative priorities affecting O&P providers and patients. Unlocking the Power of Marketing Tools: Create and Deliver Compelling Content thumbnail Unlocking the Power of Marketing Tools: Create and Deliver Compelling Content In today's fast-paced digital landscape, effective marketing hinges on the strategic use of tools that streamline content creation, distribution, and performance tracking.