Ending the Streamlined Process for Ambulatory Surgical Centers and Independent Freestanding Emergency Departments to Temporarily Enroll as Hospitals during the COVID-19 Public Health Emergency

CMS continues to review the need for existing waivers and flexibilities issued in response to the Public Health Emergency (PHE). Over the course of the PHE, states and hospitals have developed policies or other practices that we believe mitigate the need for certain flexibilities created to address surge capacity. •CMS is announcing it is ending the flexibility of a streamlined process to allowAmbulatory Surgery Centers (ASCs) and licensed Independent FreestandingEmergency Departments (IFEDs) to temporarily enroll as hospitals during theCOVID-19 PHE. •Effective upon issuance of this memo, no new ASC or licensed IFED requests totemporarily enroll as hospitals will be accepted. •Those facilities that are temporarily enrolled as hospitals under this flexibility cancontinue providing inpatient and outpatient hospital services until: oThey voluntarily terminate from temporary hospital enrollment; or oCMS initiates enforcement action for any facility that is non-compliant withapplicable participation requirements, to the extent not waived; or oThe Secretary of the Department of Health and Human Services (Secretary)determines there is no longer a PHE due to COVID-19; or oCMS provides additional public notice that this guidance has ceased to be effective.