CMS Waivers for Health Care Providers After Hurricanes: Flexible Regulations, Emergency Relief, and Medicare Flexibilities

CMS Flexibilities for Health Care Providers Affected by Hurricanes Helene and Milton

In response to the Public Health Emergencies (PHEs) caused by Hurricanes Helene and Milton, the Centers for Medicare & Medicaid Services (CMS) have extended several flexibilities to help health care providers in affected areas.

Background

During a PHE, the HHS Secretary can temporarily waive certain HIPAA Privacy Rule requirements for hospitals. This allows for more flexible operations during emergency conditions.

CMS Waivers and Resources

• Medical Staff Flexibility: CMS has provided waivers to address workforce shortages and reduce the burden of credentialing and privileging processes.
• EMTALA Flexibility: This waiver permits offsite patient screening outside the hospital’s campus[3].
• Surge Capacity and Space Use: Hospitals can repurpose non-patient areas for patient care, with state approval and ensured safety[3].
• Telemedicine: Providers can offer telemedicine services through agreements with offsite hospitals to expand access to care[3].
• Temporary Expansion Locations: Additional care locations can be established, including existing provider-based departments, to expand capacity during emergencies[3].

Additional Resources

• Comprehensive Assessment Deadline: The 5-day completion requirement for comprehensive assessments has been extended to 30 days for affected providers[1].
• Medical Equipment and Supplies: Medicare beneficiaries can receive replacements for lost or damaged durable medical equipment, prosthetics, orthotics, and supplies due to the hurricane. Contact 1-800-MEDICARE for assistance[2].
• Marketplace Special Enrollment Period: Individuals affected by the FEMA-declared disaster can enroll in or change their Marketplace coverage up to 60 days after the incident period. They should contact the Marketplace Call Center at 1-800-318-2596[2].

Affected States

These flexibilities and resources are available to health care providers in Florida, Georgia, North Carolina, South Carolina, and Tennessee, which were significantly impacted by Hurricanes Helene and Milton.

Duration of Flexibilities

These waivers will remain in effect until the PHE has been rescinded. Health care providers should maintain preparedness plans and understand these available flexibilities to ensure continuity of care during natural disasters[3].

By leveraging these CMS waivers and resources, health care providers can better manage the demands on their systems and continue to deliver essential care to those affected by the hurricanes.