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