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1 1 (March 25, 2020)

handle is hein.crs/govcaxy0001 and id is 1 raw text is: Resarh Servi kM- Section 1135 Waivers and COVID-19: An Overview March 25, 2020 In response to the novel Coronavirus (COVID- 19) outbreak in the United States, both Congress and the Trump Administration have acted to confront the challenges of providing health care to sick patients. These efforts have included the provision of certain regulatory flexibilities for health care entities under Section 1135 of the Social Security Act (42 L.S.C § 1320b-5). To address the difficulties of providing health care in exigent circumstances, Section 1135 generally authorizes the Secretary of Health and Human Services (HHS Secretary) to waive or modify specified statutory and regulatory requirements related to the provision of health care services under the Medicare, Medicaid, and State Children's Health Insurance (CHIP) programs (so-called Section 1135 waivers). In recent years, the HHS Secretary has issued Section 1135 waivers several times, most commonly for natural disasters. This Legal Sidebar summarizes Section 1135 and recent legislative and administrative developments relating to this authority. Legal Framework The general purpose of Section 1135 is to help ensure that in an emergency or disaster, health care program enrollees have sufficient access to health care, and health care providers can continue to furnish care, despite noncompliance with certain federal requirements. To the extent necessary to carry out this purpose, Section 1135 permits the HHS Secretary to waive or modify the following federal requirements when the President has declared an emergency or major disaster under either the National Emergencies Act or the Stafford Act, and the HHS Secretary has declared a public health emergency: * conditions of participation, certification requirements, program participation, and pre- approval requirements under Medicare, Medicaid, or CHIP; * licensing requirements for health care professionals in each state in which they provide services, assuming they are not excluded from practicing in the relevant state or emergency area; * sanctions under the Emergency Medical Treatin ent and Active Labor Act (EMTALA) for certain transfers or redirections of patients away from hospital emergency rooms; * deadlines and timetables for performance of required activities; Congressional Research Service https://crsreports.congress.gov LSB10430 CRS Lega Sidebar Prepaed for Membeivs and Committees of Conqre.s

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