Federal – Section 1135 Waivers
Note: The Secretary is authorized to waive Medicare, Medicaid, and CHIP requirements or sanctions pertaining to (1) conditions of participation and other certification, participation, or pre-approval requirements; (2) in-state licensure; (3) EMTALA; (4) Stark self-referral limitations; (5) certain deadlines or timetables; (6) limits on payments for out-of-network Medicare Advantage services; (7) certain HIPAA violations. Following the Secretary’s declaration of a public health emergency and the President’s declaration of an emergency, CMS has issued blanket waivers, which are available to all providers. In addition, states, hospital associations, and individual providers have requested and received waivers on issues not specifically addressed in the blanket waivers. The waivers and corresponding guidance documents must be reviewed carefully to understand their importance and application, and federal waivers must be reconciled with related state-law requirements or waivers.
Hospital Swing Beds: Guidance re Waivers
MLN Matters Number: SE20018 – COVID-19 Blanket Swing Bed Waiver for Addressing Barriers to Nursing Home Placement for Hospitalized Individuals (5/20/20)
COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (5/11/20)
> Provider-Specific Fact Sheets
Frequently Asked Questions
COVID-19 Provider Burden Relief FAQs
Stark Waivers: Explanatory Guidance
March 30, 2020 Blanket Waivers of Section 1877(g) of the Social Security Act (4/21/20)
Department of Health and Human Services Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency (3/16/20).
Findings Concerning Sec. 1812(f) of Social Security Act in Response to the Effects of the COVID-19 Outbreak (3/13/20)
Blanket Waiver Fact Sheet
COVID-19 Emergency Declaration Health Care Providers (3/13/20)
HHS Notice of Waiver
HHS Waiver or Modification of Requirements Under Section 1135 of the Social Security Act (3/15/20, backdated to 3/13/20)