The Centers for Medicare & Medicaid Services (CMS) has issued a new Quality & Safety Memo, allowing licensed independent freestanding emergency departments (EDs) to participate in Medicare and Medicaid during the COVID-19 pandemic. This aims to address the urgent need to increase hospital capacity for patient care. The memo outlines three ways for these EDs to participate: by affiliating 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. The memo also provides guidance on processing attestations for licensed independent freestanding EDs choosing to enroll as a hospital during the COVID-19 public health emergency. Healthcare facilities must ensure they comply with these new regulations and take necessary actions to participate in Medicare and Medicaid.

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