HHS has declared public health emergencies in Florida and Alabama following Hurricane Isaias, allowing hospitals and other healthcare providers affected by the storm to access temporary federal regulatory flexibilities.
HHS Secretary Robert F. Kennedy Jr. issued the declarations Oct. 13, following President Donald Trump’s Oct. 9 emergency declarations for both states, according to an Oct. 14 HHS news release.
CMS outlined additional resources and regulatory flexibilities for affected healthcare providers in an Oct. 15 news alert.
Here are seven things to know from CMS and HHS:
- The public health emergencies and associated flexibilities are retroactive to Oct. 6 in Florida and Oct. 7 in Alabama. The presidential and HHS declarations together allow HHS to authorize temporary waivers and modifications of certain requirements, helping CMS support healthcare providers and suppliers serving Medicare, Medicaid and Children’s Health Insurance Program beneficiaries in the covered emergency areas.
- CMS has made blanket waivers and other flexibilities available to healthcare providers affected by the hurricane in both states. Providers that need additional flexibility specific to the storm’s effects can submit requests through the agency’s 1135 waiver/flexibility request and inquiry form.
- During a public health emergency, the HHS secretary may waive sanctions and penalties against covered hospitals that do not comply with certain provisions of the HIPAA Privacy Rule. Any such waiver would apply only to hospitals in the emergency area that have instituted a disaster protocol. It would last for up to 72 hours after the hospital implements that protocol and only during the emergency period identified in the declaration.
- Before the hurricane made landfall, HHS’ Administration for Strategic Preparedness and Response pre-positioned regional staff in areas at risk from the storm. The staff monitored the storm’s effects on public health and healthcare systems and provided technical assistance in anticipation of state requests. Healthcare System Assessment Teams also deployed to evaluate the storm’s effects on healthcare facilities.
- CMS activated the Kidney Community Emergency Response program and is working with End-Stage Renal Disease Networks 7 and 8 in Florida and Alabama, respectively. The networks are assessing the status of dialysis facilities in potentially affected areas, reviewing generator-related impacts, evaluating alternative water supplies, providing education and materials for patients, and helping evacuated patients receive dialysis services where they relocated.
- CMS is permitting Medicare beneficiaries whose durable medical equipment, prosthetics, orthotics or supplies were lost or damaged because of the hurricane to receive replacements. Under longstanding CMS guidance, displaced beneficiaries may be unable to reasonably obtain covered drugs at a network pharmacy. In that case, Medicare Part D plans must ensure adequate access to drugs dispensed at out-of-network pharmacies and reimburse beneficiaries up to their usual plan allowance for those payments. If the disaster requires voluntary or mandatory evacuation, plans must also reimburse out-of-network refills for beneficiaries in the emergency area. CMS expects “refill too soon” edits to be removed for beneficiaries who have lost their drugs.
- ASPR shared HHS emPOWER datasets with states in the storm’s path. The data can help responders identify, by geographic area, the number of Medicare beneficiaries who rely on electricity-dependent medical equipment or certain essential healthcare services, including facility-based dialysis and home healthcare. CMS also highlighted its disaster response toolkit for state Medicaid and CHIP agencies, an inventory of flexibilities and authorities meant to support continuity of coverage.
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