The Centers for Medicare & Medicaid Services (CMS) released a memo November 24 that answers common questions about survey and certification recovery following the federal government shutdown that ended November 12.
CMS announced that all survey and certification activities have resumed without limitation. State survey agencies will receive funding for the first quarter of FY 2026 and the first 30 days of the second quarter at rates equivalent to FY 2024 funding. The continuing resolution signed on November 12 also includes an additional $2 million to fund hospice recertification surveys under the IMPACT Act through January 30, 2026.
As anticipated, state licensure surveys, which were permitted to continue during the federal government shutdown, will not be counted as federal certification surveys, and federal certification surveys will still need to be completed, as will any lower-level complaint investigations that were completed during the shutdown under state licensure. Surveys that were in process when the shutdown began will resume, and CMS clarified that a new survey does not need to be initiated, though resident/patient samples and other tasks may need to be updated. For surveys in which the team had exited but a CMS-2567 Statement of Deficiencies was not issued before the shutdown, state agencies must issue the CMS-2567 by December 12. Exit dates may be adjusted to match either the date that the CMS-2567 is issued or the date of compliance alleged by the provider, provided the state agency can validate that compliance was achieved by that date. Enforcement cycles, including dates for civil money penalties or Denials of Payment for New Admissions, may also begin with the adjusted exit date. For more information, see CMS memo QSO-26-02-ALL.