The U.S. Department of Health and Human Services Secretary has used Public Health Service Act authorities to declare a public health emergency (PHE) as a result of the consequences of wildfires and straight-line winds on the State of California on January 10. This declaration gives the Centers for Medicare and Medicaid Services (CMS) the ability to issue regulatory flexibilities and waivers under Sections 1135 and 1812(f) of the Social Security Act to support providers and beneficiaries in the State of California. These flexibilities and waivers are effective retrospectively since January 7, 2025 and are listed in the CMS Current Emergencies webpage.
Key blanket waivers impacting AHCA/NCAL members and their residents in the impacted areas that do not require an individual waiver request by the provider include:
- Reporting Minimum Data Set (MDS)
- Waive Pre-Admission Screening and Annual Resident Review (PASARR)
- 3-Day Prior Hospitalization
- Physician Visits in Skilled Nursing Facilities/Nursing Facilities
- Staffing Flexibilities for ID/DD residences
If a provider needs flexibilities not listed on the blanket waivers document, the CMS Current Emergencies webpage provides links to guide providers on how to apply.
The waivers are effective for 90 days unless the HHS Secretary declares an extension of the local PHE.