News & Analysis as of

Waivers EMTALA

Bricker Graydon LLP

What to expect now that we’re expecting: What the end of the public health emergency means for healthcare providers

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On January 30, 2023, President Biden announced that both the COVID-19 national emergency and the public health emergency (PHE) will end May 11, 2023. This announcement has left many healthcare providers considering how the...more

Morgan Lewis

COVID-19: CMS Issues New Policy Changes For A Phased Reopening Of The Country

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The Centers for Medicare & Medicaid Services released a second, sweeping interim final rule in response to the coronavirus (COVID-19) pandemic on April 30, 2020. Building on the agency’s unprecedented March 31, 2020...more

Bass, Berry & Sims PLC

CMS Rapidly Approves Section 1135 Waivers in Response to the COVID-19 Pandemic - Update

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This content was last updated as of Thursday, April 24 at 12:00 p.m. CST- The Centers for Medicare & Medicaid Services (CMS) continues its issuance of Section 1135 waivers, waiving or modifying certain Medicare, Medicaid,...more

Burr & Forman

CMS Issues Summary of Blanket Waivers in Place Through the End of the Emergency Declaration

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The Centers for Medicare & Medicaid Services (CMS) recently issued a 29-page summary of the numerous blanket waivers issued to provide flexibilities to health care providers combating the COVID-19 pandemic....more

Bass, Berry & Sims PLC

CMS Rapidly Approves Section 1135 Waivers in Response to the COVID-19 Pandemic

Bass, Berry & Sims PLC on

The Centers for Medicare & Medicaid Services (CMS) continues its issuance of Section 1135 waivers, waiving or modifying certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements to ensure that...more

Sheppard Mullin Richter & Hampton LLP

CMS Issues Temporary Waivers in Broad Coronavirus Response

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued a series of temporary regulatory waivers in order to aid the response to the 2019 Novel Coronavirus (COVID-19), as follows. Increasing Hospital...more

Butler Snow LLP

CMS Breathes Life into HHS EMTALA Waiver

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On March 30, 2020, CMS announced its “Hospitals Without Walls” initiative, which, among other things, invokes the HHS EMTALA waiver effective immediately. Specifically, the CMS Hospitals Without Walls Initiative waives...more

Epstein Becker & Green

CMS Issues Additional Blanket Waivers to Help Medicare Providers and Suppliers Meet Beneficiaries’ Health Care Needs During...

On March 13, 2020, when President Trump declared a national emergency under the Stafford Act, the Secretary of Health and Human Services utilized his authority to take particular actions, such as temporarily waiving or...more

Perkins Coie

Guide to Federal Health Program Waivers Concerning the COVID-19 Crisis

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The federal Department of Health and Human Services (HHS) on March 13, 2020, invoked its authority under section 1135 of the Social Security Act (the act) to waive certain requirements that providers normally must meet to...more

Holland & Hart - Health Law Blog

CMS Expands Blanket Waivers to Help Hospitals and Other Providers

On March 30, 2020, CMS issued numerous additional blanket waivers to give providers greater flexibility in responding to COVID-19. (See https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf)....more

Bricker Graydon LLP

COVID-19 Update: CMS issues new 1135 blanket waivers

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On March 30, 2020, the Centers for Medicare and Medicaid Services (CMS) issued new blanket 1135 waivers, making what CMS describes as “sweeping regulatory changes” to the health care system....more

Dentons

Section 1135 Waivers are Available for Healthcare Provider Operations

Dentons on

When the White House declared a national emergency in mid-March, it allowed the authorization of waivers of certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements, often referred to as Section...more

Rivkin Radler LLP

HHS Issues National Emergency Health Care Waivers

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Responding to the Coronavirus public health emergency, the Secretary of Health and Human Services (HHS) has waived certain requirements of the Medicare, Medicaid and Children’s Health Insurance Program (CHIP), including...more

Parker Poe Adams & Bernstein LLP

N.C. Medicaid Looking to Cut Red Tape in Fight Against COVID-19

The federal government granted North Carolina permission on March 23 for health care providers across the state to temporarily avoid compliance with certain federal Medicaid requirements. The idea is to reduce bureaucracy...more

Dorsey & Whitney LLP

COVID-19 and EMTALA: Ongoing Requirements and New Waivers

Dorsey & Whitney LLP on

On March 9, 2020, the Centers for Medicare and Medicaid Services (“CMS”) Quality, Safety and Oversight Group (“QSO”) issued a memorandum, QSO-20-15, providing guidance to health care providers related to the Emergency Medical...more

Bass, Berry & Sims PLC

1135 Waivers: HHS Authority to Alleviate Healthcare Regulatory Requirements During the COVID-19 National Emergency

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As the number of confirmed cases of the novel coronavirus disease (COVID-19) continues to tick upward in the United States, administrative agencies are taking steps on a national scale to ensure that adequate healthcare items...more

Sheppard Mullin Richter & Hampton LLP

Bringing Clarity to Section 1135 and Other Waivers amid the COVID-19 Emergency

On a daily basis, if not more frequently, we are astounded by our clients’ efforts to prepare for and respond to the COVID-19 pandemic. As the federal government works to respond to the COVID-19 pandemic, guidance from HHS...more

Bass, Berry & Sims PLC

EMTALA Waivers During the COVID-19 Pandemic

Bass, Berry & Sims PLC on

Following President Trump’s proclamation on March 13, 2020, that the COVID-19 pandemic in the United States constitutes a national emergency, the Department of Health and Human Services (HHS) issued a Waiver or Modification...more

Butler Snow LLP

CMS Issues Multiple Waivers of Federal Regulations to Support Crisis Care

Butler Snow LLP on

On March 13, 2020, the Centers for Medicare and Medicaid Services (CMS) issued blanket waivers of certain requirements following the President’s National Emergency Declaration. Current waivers are briefly summarized below. ...more

Morgan Lewis - Health Law Scan

The President’s Emergency Declaration, Waivers, and the Current State of Regulations Applied to Healthcare Providers

In the face of the coronavirus (COVID-19) pandemic, the US president’s National Emergency Declaration, issued on March 13, set in motion several actions required of other agencies to provide the regulatory relief needed to...more

Cozen O'Connor

HHS Issues EMTALA Waivers As a Result of the COVID-19 Pandemic

Cozen O'Connor on

On March 13, 2020, the Secretary of the U.S. Department of Health And Human Services (HHS) issued a series of waivers pursuant to Section 1135 of the Social Security Act, following President Trump’s declaration that the...more

Bricker Graydon LLP

COVID-19 Update: HHS issues EMTALA waiver for actions necessitated by COVID-19

Bricker Graydon LLP on

On March 13, 2020, following President Trump’s declaration of a national emergency due to the COVID-19 (coronavirus) pandemic, the Secretary of Health and Human Services (HHS) issued, among others, the following Emergency...more

McDermott Will & Emery

CMS Releases Updated Guidance on EMTALA Requirements and COVID-19 Implications

McDermott Will & Emery on

In response to the spread of COVID-19 infections and questions from the provider community, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group (QSO) issued a series of three memoranda...more

Baker Donelson

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

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Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility...more

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