Skip to content
The COVID Project
  1. Library
  2. Federal health, safety and transport layer
  3. FED-160

Ex. FED-160 Order Primary source read

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS · United States (Medicare, Medicaid and CHIP providers) (Federal)

The COVID Project

The record

Jurisdiction
United States (Medicare, Medicaid and CHIP providers)
Level
Federal
Authority
Social Security Act § 1135 (42 U.S.C. § 1320b-5); § 1812(f); CARES Act (telehealth); Proclamation 9994 § 1 and the § 319 PHE
Issued
2020-03-13 Mar. 13, 2020
Effective
retroactive to March 1, 2020 'through the end of the emergency declaration' (read as 2020-03-01)
End
2023-05-11 (end of the PHE; some waivers ended earlier in 2022) (read as 2023-05-11)
In force
Mar. 1, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersOther
Addressees
  • hospitals, CAHs, ASCs, physicians, home health agencies, hospices, SNFs, DMEPOS suppliers, laboratories, dialysis facilities, Medicare Advantage plans
Functions reached
  • TM telehealth (physician practices, behavioral health)
  • IP surge capacity and 'hospitals without walls' (hospitals)
  • HC/SN home health assessments and supervision (home care)
  • OF credentialing and administration (HR)
  • CB payers
Collection
Federal health, safety and transport layer FED-A

Operative words

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's 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' 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

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).

Retrieval note

The live file is the version 'Updated 5/24/21'; it recites the retroactive March 1, 2020 effective date.