CMS Releases Guidance on Survey and Certification During Federal Shutdown

• By: Maureen Carland
• On: 10/06/2025 15:13:26
• In: Quality/Regulatory

On October 1, 2025, the Centers for Medicare & Medicaid Services (CMS) released a memorandum outlining contingency plans for state survey and certification (QSO-26-01-ALL) for  operations during the federal government shutdown. The guidance is effective immediately and will remain in force until the shutdown concludes.

According to CMS, certain essential survey and enforcement functions will continue, while others will be temporarily suspended. Activities continuing include:

• CLIA surveys funded through user fees
• Hospice surveys supported under the Consolidated Appropriations Act of 2021
• Surveys funded exclusively by state or Medicaid dollars
• Work under existing CMS or state contracts that were awarded and funded before September 30, 2025

Essential Medicare-related survey functions will also proceed, including:

• Complaint investigations involving immediate jeopardy or actual harm
• Enforcement actions arising from such complaints
• Revisit surveys necessary to prevent Medicare termination
• Emergency response to threats involving life or safety
• Limited administrative tasks needed to ensure an orderly shutdown (e.g., uploading finalized survey data)

All other Medicare survey and certification activities are temporarily suspended. This includes routine recertification and initial certification surveys, complaint investigations not alleging serious harm, non-urgent revisits, informal dispute resolutions, and the implementation of new civil monetary penalty-funded projects unless previously approved.

CMS has designated regional contacts to assist state survey agencies and may issue further updates if the shutdown continues. State licensure and enforcement activities under state law are not affected. CMS advises that this information be shared promptly with relevant staff.

You can access the full memorandum here.
 
Staff Contact: mcarland@mehca.org