Guidance for Licensed Independent Freestanding Emergency Departments (EDs) to Participate in Medicare and Medicaid during the COVID-19 Public Health Emergency

CMS is committed to taking critical steps to ensure America’s health care facilities are prepared to respond to the COVID-19 Public Health Emergency (PHE). • Flexibilities: CMS is creating additional flexibilities to allow licensed independent freestanding emergency departments (EDs) to participate in Medicare and Medicaid to help address the urgent need to increase hospital capacity to provide care to patients. The following ways to participate include: • Becoming affiliated with a Medicare/Medicaid-certified hospital under the temporary expansion 1135 emergency waiver. • Participating in Medicaid under the clinic benefit if permitted by the State, or • Enrolling temporarily as a Medicare/Medicaid-certified hospital to provide hospital services. • CMS Regional Office Processing of Attestations: This memorandum also outlines the steps for processing attestations for licensed independent freestanding EDs choosing to enroll as a hospital during the COVID-19 PHE.