On October 31, 2025, the Department of Health and Human Services issued a revised memorandum detailing the impact of the government shutdown on Centers for Medicare and Medicaid Services (“CMS”). The memorandum identifies functions that are not legally authorized during the shutdown as well as excepted functions that should be continued due to their essential nature.
Activities that are “prohibited” during the shutdown include initial certification surveys for facilities seeking accreditation (including via deemed status), standard statutorily mandated surveys (including NHs and HHAs) with the exception of hospice CAA surveys, minimum data sets or Oasis activities except for purposes of compliance with provider reporting standards, and any training activity that is expected to be paid for by federal reimbursement.
“Excepted Functions” during the government shutdown include complaint investigations that are triggered as “credible allegations of immediate jeopardy or harm to an individual, enforcement actions which result from surveys that identify individuals as being in immediate jeopardy or harm, and revisit surveys necessary to prevent the scheduled Medicare termination of a provider or supplier.
While it appears as though this government shutdown may be nearing its end, facilities should consult DHS memorandum to identify what CMS functions are prohibited, excepted and not affected by the shutdown. Attorneys on the long-term care team at Sandberg Phoenix are prepared to assist facility administrators with interpreting these memoranda to ensure compliance during such trying times.
