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As CMS Lifts HHA Medicare Provider Enrollment Moratorium, States Continue to Limit HHA Licenses

As of January 30, 2019, CMS lifted its temporary provider enrollment moratoria (“Enrollment Moratorium”) for home health agencies (“HHAs”) in Florida, Illinois, Michigan, and Texas. The Enrollment Moratorium had prevented new home health agencies in these states from enrolling in Medicare and Medicaid.

CMS first issued a temporary Enrollment Moratorium for HHAs in 2013 covering certain counties around Miami, Florida, and Chicago, Illinois.  CMS later expanded the moratorium to counties in Texas and Michigan, and by August 2016, the Enrollment Moratorium covered all counties in Florida, Illinois, Michigan, and Texas. 

CMS has the authority to impose a temporary moratorium on the enrollment of new Medicare, Medicaid, or CHIP providers if it determines a moratorium is necessary to prevent fraud, waste, or abuse.  In issuing the Enrollment Moratorium and extending it every six months for the past few years, CMS cited high incidents of fraud in these geographic areas and the saturation of HHAs in these markets, which mitigates concerns of beneficiary access. 

Lifting the Enrollment Moratorium allows new HHAs to enroll in Medicare; however, before enrolling in Medicare, facilities must be licensed by the state and complete the Medicare certification process, which can be a long and involved process.  Many states are currently limiting the number of home health licenses through the Certificate of Need (“CON”) process and state moratoriums.  New York, for example, has a current moratorium on licensing of Licensed Home Care Services Agencies.  Further, the CON process in many states can take months.  With uncertainty around whether CMS plans to reinstate the Enrollment Moratorium, state licensing requirements may continue to limit HHA enrollment. 

©1994-2020 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume IX, Number 43


About this Author

Lauren Moldawer, healthcare, health, attorney, CMS, Mintz Levin, law firm

Lauren's practice focuses on advising health care providers, PBMs, and managed care organizations on a variety of regulatory issues.*

Prior to joining the firm, Lauren* worked at the Centers for Medicare & Medicaid Services (CMS) in the Medicare-Medicaid Coordination Office. In this role, she worked with states and health plans implementing the Financial Alignment Demonstration, which is a CMS initiative that seeks to better integrate Medicare and Medicaid services for dual-eligible individuals. Prior to her tenure with CMS, she was a...