Effective on July 15, 2024, and retroactive to July 5, 2024, the Centers for Medicare & Medicaid Services (CMS) announces resources and flexibilities available in response to Hurricane Beryl in Texas.
Below is a list of the waivers. Visit the CMS Hurricanes & Tropical Storms webpage or the Section 1135 Waiver webpage for updates.
- Certain conditions of participation, certification requirements, program participation or similar requirements for individual health care providers or types of health care providers, including as applicable:
- Hospital or other provider of services.
- Physician or other health care practitioner or professional.
- Health care facility.
- Supplier of health care items or services.
- Requirements that physicians or other health care professionals hold licenses in the State in which they provide services, if they have an equivalent license from another State (and are not affirmatively barred from practice in that state, or any state, a part of which is included in the emergency area).
- Sanctions under section 1877(g) of the Act (physician self-referral law, relating to limitations on physician referral) under such conditions and in such circumstances as the CMS determines appropriate.
- Waived sanctions and penalties arising from noncompliance with the following provisions of the HIPAA privacy regulations:
- The requirements to obtain a patient’s agreement to speak with family members or friends or to honor a patient’s request to opt out of the facility directory (as set forth in 45 C.F.R. § 164.510).
- The requirement to distribute a notice of privacy practices (as set forth in 45 C.F.R. § 164.520).
- Pursuant to Section 1135(b)(5) of the Act, modified deadlines and timetables and for the performance of required activities, but only to the extent necessary, as determined by the CMS, to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in the Medicare, Medicaid and CHIP programs and to ensure that health care providers that furnish such items and services in good faith, but are unable to comply with one or more of these requirements as a result of Hurricane Beryl, may be reimbursed for such items and services and exempted from sanctions for such noncompliance, absent any determination of fraud or abuse.
Health care providers who need additional flexibilities, which are not listed above and specific to the effects resulting from Hurricane Beryl, can submit a request to CMS here.