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Texas Moratorium Lifted

September 07, 2017
FROM:     Page, Wolfberg & Wirth, LLC (www.pwwemslaw.com)
RE:         Texas Moratorium Lifted

To aid those affected by Hurricane Harvey, CMS announced that it is lifting the enrollment moratorium on non-emergency ground ambulance suppliers in Texas. This means non-emergency ground ambulance suppliers may enroll or establish a new practice area in Texas until the lifting period ends. The lifting period became effective on September 1, 2017 and it applies to enrollment in Medicare, Medicaid and the Children’s Health Insurance Program (CHIP). CMS has not cited an end date. 

Ambulance suppliers who apply to enroll in Texas during this period will be subject to CMS' high screening level. That means, in addition to a potential unannounced site-visit, you will be required to:

1. Submit of a set of fingerprints for a national background check from all individuals who maintain a 5% or greater direct or indirect ownership interest; and

2. Submit to a criminal history record check of the FBI’s Integrated Automated Fingerprint Identification System on all individuals who maintain a 5% or greater direct or indirect ownership interest.

Quick Background
 
CMS implemented statewide moratoria on the enrollment of Part B non-emergency ground ambulance suppliers in New Jersey, Pennsylvania, and Texas on July 29, 2016. CMS extended those statewide moratoria for six months on July, 29, 2017. The  moratoria are supposed to combat high rates of alleged fraud and abuse in these areas. Emergency ambulance suppliers are not affected the by the moratoria.

Guaranteed cash flow during transition.