On January 30, 2019, CMS posted to their website that "As of January 30, 2019, there are no active Medicare Provider Enrollment Moratoria in any State or U.S. territories." The Provider Enrollment Moratoria Waiver Demonstration will end when the moratoria expires.
Since July 2013 a moratorium has been in effect that prevented home health agencies (HHAs) from enrolling into the Medicare, Medicaid, and the Children’s Health Insurance Programs (CHIP) in particular geographic areas that were determined to have a significant potential for fraud, waste, and/or abuse. The moratorium also applied to new Medicare Part B nonemergency ground ambulance suppliers.
The Social Security Act (the Act) provides the Secretary with tools and resources to combat fraud, waste, and abuse in Medicare, Medicaid, and the Children's Health Insurance Program (CHIP). In particular, section 1866(j)(7) of the Act provides the Secretary with authority to impose a temporary moratorium on the enrollment of new Medicare, Medicaid, or CHIP providers and suppliers, including categories of providers and suppliers, if the Secretary determines a moratorium is necessary to prevent or combat fraud, waste, or abuse under these programs. Regarding Medicaid, section 1902(kk)(4) of the Act requires States to comply with any moratorium imposed by the Secretary unless the State determines that the imposition of such moratorium would adversely impact Medicaid beneficiaries' access to care. In addition, section 2107(e)(1)(F) of the Act provides that the Medicaid provisions in section 1902(kk) are also applicable to CHIP.