Lexology April 1, 2020
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 modifying certain Medicare, Medicaid, and Children’s Health Insurance Program requirements—otherwise known as the Secretary’s “1135 Waiver” authority. As set forth in our previous Client Alert entitled “New and Pre-Existing Federal Waivers and Flexibilities Available to Health Care Providers During a National Emergency,” certain blanket waivers were adopted that required a provider to contact the applicable Regional Office of the Centers for Medicare & Medicaid Services (“CMS”) in order to request that such waivers apply to its facility/operations.
On March 30, 2020, CMS announced another broad set...
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