(July 18, 2024) — Following the federal declaration of a public health emergency in Texas due to Hurricane Beryl, the federal response to the storm reached a new and important phase on Monday as the Centers for Medicare & Medicaid Services (CMS) activated important waivers for Texas hospitals and other providers affected by Beryl.
The waivers are retroactive to July 5. They include waivers from:
- Certain conditions of participation, certification requirements and similar requirements for individual providers or provider types, including hospitals and health care facilities.
- Licensure requirements to provide services in a given state, if a physician or other health care professional holds an equivalent license in another state.
- Sanctions for limitations under the federal physician self-referral law, “under such conditions and in such circumstances as the CMS determines appropriate.”
- Sanctions and penalties for noncompliance with certain HIPAA privacy regulations, such as the requirement to obtain a patient’s agreement to speak with family members or friends.
Providers who need additional Beryl-specific flexibilities not already granted may submit a request to CMS on its 1135 Waiver/Flexibility Request and Inquiry Form.
More information on these Section 1135 waivers is available here from the federal Administration for Strategic Preparedness & Response.