When the President declares a disaster or emergency under the Stafford Act or National Emergencies Act and the U.S. Department of Health and Human Services (HHS) Secretary declares a public health emergency under Section 319 of the Public Health Service Act, the Secretary is authorized to take certain actions in addition to his/her regular authorities. For example, under section 1135 of the Social Security Act, the Secretary may temporarily waive or modify certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements to ensure:
- Sufficient health care items and services are available to meet the needs of individuals enrolled in Social Security Act programs in the emergency area and time periods
- Providers who give such services in good faith can be reimbursed and exempted from sanctions (absent any determination of fraud or abuse).
CMS 1135 Waiver / Flexibility Request and Inquiry Form, https://cmsqualitysupport.servicenowservices.com/cms_1135
General Information on 1135 Waivers https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertEmergPrep/1135-Waivers
CMS Waivers and Flexibilities, https://www.cms.gov/About-CMS/Agency-Information/Emergency/EPRO/Resources/Waivers-and-flexibilities