CMS Issues Memo to Outline Contingency Plans During Government Shutdown

​Recently, the Centers for Medicare & Medicaid Services (CMS) released a QSO memo outlining the contingency plan for state survey and certification activities during the federal government shutdown. The actions noted in the memo are similar to those from the shutdown in the fall of 2025 and went into effect on Saturday, January 31.  

Ongoing, Essential Functions During the Shutdown  

1. Complaint Investigations and Facility Reported Incidents Alleging Harm: State agencies are expected to conduct complaint investigations when the complaint was triaged as a credible allegation of immediate jeopardy or harm to an individual. CMS notes that the state is permitted to issue Form CMS 2567 to the provider and conduct any necessary communication and revisits to ensure deficiencies are addressed immediately.  
2. Certain Federal Enforcement Actions: If any enforcement actions are needed, because of a complaint investigation detailed in number one, state agencies must continue to process enforcement and transfer cases that meet the Immediate Imposition of Federal Remedies requirements, as these represent resident harm.  
3. Revisit Surveys Approved by Exception and Necessary to Prevent Termination: State agencies may request approval to conduct revisits when a provider has alleged compliance, the revisit survey is needed to determine compliance and prevent the scheduled Medicare termination, and the Medicare termination is likely to occur due to timing or specific circumstances. Revisits can also occur to prevent a statutorily mandated (three-month) denial of payment for new admissions. The revisit may occur provided it meets the same timeframe as allowed for a mandatory DPNA.  
4. Immediate Threat to Life or Safety (Emergencies or Natural Disasters): State agencies are directed to take action to prevent or mitigate any other immediate threats to the life or safety of residents. This may be necessary during a public health emergency, for example.  
5. Voluntary Nursing Home Closure: If a facility is voluntarily closing, the routine monitoring and oversight by the state agency can continue to ensure the orderly and safe relocation of residents.  
6. Orderly Shutdown of Other Tasks: The memo notes that if tasks were being conducted on or prior to January 30, 2026, those tasks should be completed, if they can be completed within four hours. An example of this includes uploading completed survey information into iQIES.  Surveys conducted before the shutdown that do not fall within the categories outlined above, and for which a Form CMS-2567 was not issued before the shutdown, will be placed on hold and not released. CMS notes that specific instructions regarding these surveys will be issued at a later date. 

Activities Suspended During a Federal Government Shutdown  

1. Standard (Recertification) Surveys  
2. Revisit Surveys, which do not meet the requirements in the section above (number 3). Desk revisits may be conducted for lower-level citations when needed to clear a DPNA or mandatory termination.  
3. Initial Surveys  
4. Initial Certifications  
5. Complaint investigations that were not triaged at the immediate jeopardy or actual harm level.  
6. Informal Dispute Resolutions (IDRs): No IDRs or Independent IDRs should be completed.  
7. New approvals for CMP-funded projects: New projects will not be approved during the federal government shutdown. However, if the project was already approved, facilities may proceed as planned.  

Survey and Certification Activities Not Affected 

1. CLIA – Clinical Laboratory Improvement Amendments  
2. CMS or State Vendor Contracts awarded on or before January 31, 2026.   
3. State Funded Surveys – these are surveys that occur in addition to any federally required surveys.  
4. Surveys of Medicaid-only facilities.