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

BOC Reinstated As Approved Accrediting Organization thumbnail BOC Reinstated As Approved Accrediting Organization As reported by HME News: Court grants company's motion for temporary restraining order against CMS OWINGS Mills, MD.—The Board of Certification/Accreditation (BOC) has been reinstated as an approved accrediting organization (AO) in all but four states, the company has announced. Click here to read the full article from HME News. The federal court has granted a temporary restraining order (“TRO”) in favor of BOC…thereby restoring BOC as an accrediting organization in all states except N DMEPOS Bills Gaining Momentum thumbnail DMEPOS Bills Gaining Momentum Fresh off a great House Energy & Commerce Health Sub-Committee hearing, now is the perfect time to reach out to your representative(s) and ask them to support the DMEPOS Relief Act, H.R. 2005; Choices for Increased Mobility Act of 2025, H.R. 1703; and the Supplemental Oxygen Access Reform Act of 2025, H.R. 2902. CMS Changes Competitive Bid Program Impacting Contracts and Bid Submission Requirements for Financial Documentation – What Providers Need to Know thumbnail CMS Changes Competitive Bid Program Impacting Contracts and Bid Submission Requirements for Financial Documentation – What Providers Need to Know The Centers for Medicare and Medicaid Services' (CMS) changes to the DMEPOS Competitive Bid Program as outlined in CMS-1828-F will reshape how suppliers prepare bids, qualify for contracts, and manage operational readiness. For DME suppliers, understanding both the changes to the contract awards and the bid submission is essential to understanding and preparing for the next bidding cycle. Meet The Candidates: VGM Hosts Rep. Randy Feenstra, Iowa Gubernatorial Candidate thumbnail Meet The Candidates: VGM Hosts Rep. Randy Feenstra, Iowa Gubernatorial Candidate Waterloo, Iowa – On Monday, VGM Group welcomed employees and local guests for another installment of its Meet The Candidates series. The featured guest was Rep. Randy Feenstra, current Congressman for Iowa's 4th District and a strong supporter of DMEPOS legislation. Energy & Commerce Health Subcommittee to Hold Hearing on Medicare Payment Policy Legislation – Thursday, Jan. 8 thumbnail Energy & Commerce Health Subcommittee to Hold Hearing on Medicare Payment Policy Legislation – Thursday, Jan. 8 The House Energy & Commerce Committee's Subcommittee on Health will hold a hearing titled “Legislative Proposals to Support Patient Access to Medicare Services” on Thursday, Jan. 8, at 10:15 a.m. (ET). CMS Releases CPI-U Adjustments for DMEPOS In 2026 And Fee Schedule Q1 thumbnail CMS Releases CPI-U Adjustments for DMEPOS In 2026 And Fee Schedule Q1 The Centers for Medicare & Medicaid Services (CMS) released the annual inflation factor to be applied to DMEPOS items effective January 1, 2026, with an implementation date of January 5, 2026. The breakdown of the adjustment is dependent upon whether the serviced items are included in the competitive bidding program (CBP) or are in formerly competitive bid areas (CBAs) such as rural and non-rural. Update from the Board of Certification/Accreditation thumbnail Update from the Board of Certification/Accreditation Yesterday, the Board of Certification/Accreditation (BOC) issued a clarification regarding the Centers for Medicare & Medicaid's (CMS) recent announcement about withdrawing BOC Accreditation. Here are the key updates... CMS Withdraws BOC Accreditation Authority For DMEPOS Suppliers thumbnail CMS Withdraws BOC Accreditation Authority For DMEPOS Suppliers On December 2, 2025, the Centers for Medicare & Medicaid Services (CMS) officially revoked the Board of Certification/Accreditation International (BOC) as an approved accreditation organization for suppliers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS).