Centers for Medicare and Medicaid Services (CMS) has issued broad waivers to assist in the national COVID-19 response. They impact all provider types and generally remove regulatory burdens that could restrict access to care. For example, the waivers remove bed limits on Critical Access Hospitals and will allow Long Term Hospitals to exclude from the 25 ALOS calculation patients who were admitted or discharged to “meet the demands of the emergency.” Restriction on the separation of patients in excluded units in IPPS hospitals are waived. The requirement for three days of hospitalization to receive skilled nursing coverage is also waived. There are a number of other waivers.

These waivers are very broad. In fact, in the preface CMS refers to the list as “blanket” waivers. And CMS explains that States may request additional 1135 Medicaid and CHIP waivers during this emergency.

We have provided a link to the CMS COVID-19 Emergency Declaration Health Care Providers Fact Sheet.

The Husch Blackwell Healthcare team will continue to update this site as more information becomes available.

Related Posts:

March 16, 2020: COVID-19: CMS Waiver Information for LTCHs and IRFs

March 16, 2020: Update for Acute Care Hospitals on CMS Waivers and HHSC Guidance for COVID-19

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Photo of Eric Weatherford Eric Weatherford

Eric uses his deep knowledge of Medicaid and Medicare reimbursement, compliance and regulatory matters to help healthcare clients find the answers they need. As the leader of the firm’s Healthcare Regulatory & Compliance Counseling team, Eric advises healthcare providers nationwide on state and

Eric uses his deep knowledge of Medicaid and Medicare reimbursement, compliance and regulatory matters to help healthcare clients find the answers they need. As the leader of the firm’s Healthcare Regulatory & Compliance Counseling team, Eric advises healthcare providers nationwide on state and federal regulatory and operations issues, including requirements related to reimbursement, fraud and abuse, licensure and other matters. Eric is especially well-versed in Medicaid supplemental payment programs.

Photo of Joseph (Joe) V. Geraci Joseph (Joe) V. Geraci

When Joe began his legal practice as in-house counsel for a psychiatric hospital system, he dealt firsthand with the challenges of healthcare operations that his clients face daily. While physicians, hospitals and health systems focus on healing, Joe sorts through the nuts…

When Joe began his legal practice as in-house counsel for a psychiatric hospital system, he dealt firsthand with the challenges of healthcare operations that his clients face daily. While physicians, hospitals and health systems focus on healing, Joe sorts through the nuts and bolts of hospital operations to help his clients make sense of the industry’s complex regulations. He is board certified in healthcare law by the Texas Board of Legal Specialization and brings this in-depth background to his legal and business solutions.

Photo of Alison Hollender Alison Hollender

Alison knows the legal issues of healthcare transactions backwards and forwards—and she also knows the concerns and goals of the organizations involved. Before pursuing a law career, Alison worked at Cook Children’s Healthcare System and earned a master’s in healthcare administration. Both experiences…

Alison knows the legal issues of healthcare transactions backwards and forwards—and she also knows the concerns and goals of the organizations involved. Before pursuing a law career, Alison worked at Cook Children’s Healthcare System and earned a master’s in healthcare administration. Both experiences gave her an inside view of healthcare organizations.

Photo of Julian Rivera Julian Rivera

Julian represents healthcare providers and healthcare technology companies on a wide range of regulatory compliance, operations, transactions, litigation and business matters.

Julian’s work includes representing providers in Texas Medical Board license and federal health program cases. Clients seek his help in maximizing healthcare…

Julian represents healthcare providers and healthcare technology companies on a wide range of regulatory compliance, operations, transactions, litigation and business matters.

Julian’s work includes representing providers in Texas Medical Board license and federal health program cases. Clients seek his help in maximizing healthcare provider opportunities and navigating Food and Drug Administration (FDA) regulation. He also has extensive experience representing clients on matters involving healthcare technology, including emerging technologies with big data, artificial intelligence, telemedicine and telehealth.