{"id":"FED-160","kind":"order","level":"federal","jurisdiction":"United States (Medicare, Medicaid and CHIP providers)","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Centers for Medicare \u0026 Medicaid Services, HHS","authority":"Social Security Act § 1135 (42 U.S.C. § 1320b-5); § 1812(f); CARES Act (telehealth); Proclamation 9994 § 1 and the § 319 PHE","instrument":"COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)","title":"COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers","dateIssued":"2020-03-13","effective":"retroactive to March 1, 2020 \u0027through the end of the emergency declaration\u0027","end":"2023-05-11 (end of the PHE; some waivers ended earlier in 2022)","startDate":"2020-03-01","endDate":"2023-05-11","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["HC","OTHER"],"addressees":["hospitals, CAHs, ASCs, physicians, home health agencies, hospices, SNFs, DMEPOS suppliers, laboratories, dialysis facilities, Medicare Advantage plans"],"clause":"CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration\u0027s aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients\u0027 homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.","enforcement":"Modifies otherwise mandatory conditions of participation; survey and certification","functions":["TM telehealth (physician practices, behavioral health)","IP surge capacity and \u0027hospitals without walls\u0027 (hospitals)","HC/SN home health assessments and supervision (home care)","OF credentialing and administration (HR)","CB payers"],"notes":"The § 1135 layer exists only while both limbs of § 1135(g)(1)(A) are satisfied (a presidential NEA or Stafford declaration and a § 319 PHE); FED-001, FED-006 and FED-010 to FED-016 supplied both limbs on every day of the six quarters. It is the federal instrument that changed how every Medicare provider operated (remote assessments, telehealth, relocated services, waived supervision visits).","sourceUrl":"https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf","snapshot":"","fileExists":true,"fileBytes":520225,"grade":"primary","character":"","description":"","collection":"FED-A","url":"/library/FED-160","exhibitUrl":"/exhibit/FED-160","citation":"Centers for Medicare \u0026 Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)","stateName":"","related":["FED-001","FED-006","FED-010","FED-016","FED-090","FED-158","FED-159","FED-091"]}