CMS Issues Waivers Following Winter Storms in Texas
WASHINGTON, D.C. (February 24, 2021)—The Centers for Medicare & Medicaid Services (CMS) has announced that efforts are underway to support Texas in response to severe winter storms that have affected the state over the past several days. On Feb. 17, 2021, Health and Human Services Acting Secretary Norris Cochran declared a public health emergency (PHE) for Texas retroactive to Feb.11, 2021. CMS is working to ensure hospitals and other facilities can continue operations and provide access to care despite the effects of the storm.
Below are key administrative actions CMS is taking in response to the PHE declared in Texas:
Waivers and Flexibilities for Hospitals and other Healthcare Facilities: CMS has already waived many Medicare, Medicaid and CHIP requirements for facilities because of the pandemic.
The CMS Dallas Survey & Enforcement Division, under the Survey Operations Group, will consider other provider-specific requests for health care facilities in Texas. These waivers work to provide continued access to care for beneficiaries. CMS announced last month a new web-based tool that streamlines access for providers in documenting and submitting waiver requests and PHE-related inquiries. Access to that web-based tool can be found here.
Dialysis Care: CMS is helping patients obtain access to critical life-saving services. The Kidney Community Emergency Response (KCER) program has been activated and is working with the End Stage Renal Disease (ESRD) Network: Network 14 –Texas to assess the status of dialysis facilities in potentially impacted areas. The program will assess issues such as generators, alternate water supplies, education and materials for patients, and more. Patients are educated to have an emergency supply kit on hand including important personal, medical, and insurance information; contact information for their facility, the ESRD NW hotline number, and contact information of those with whom they may stay or for out-of-state contacts in a waterproof bag. They have also been instructed to have on hand supplies to follow a three-day emergency diet. The ESRD NW 14 (TX) toll free hotline is (877) 886-4435, and the KCER hotline is (866) 901-3773. Additional information about the ESRD Network 14 Texas Emergency can be found here.
Medical Equipment and Supplies Replacements: Under the COVID-19 waivers, CMS suspended certain requirements necessary for Medicare beneficiaries who have lost or had damage to their durable medical equipment, prosthetics, orthotics and supplies because of the PHE. This will help to make sure that beneficiaries can continue to access the medical equipment and supplies they rely on each day. Medicare beneficiaries can contact 1-800-MEDICARE (1-800-633-4227) for assistance.
Current COVID-19 Waivers: CMS has compiled a list of current waivers already available for health care providers to use during the COVID-19 PHE. These waivers remain available to providers in the state of Texas who have been affected by the consequences of the winter storm. The New 1135 Emergency Waiver and Public Health Emergency (PHE)-related Inquiries Web Tool launched on the CMS Waiver and Flexibilities here.
Emergency Preparedness Requirements: Providers and suppliers are expected to have emergency preparedness programs based on an all-hazards approach. CMS has prepared webinars on emergency preparedness requirements, including topics such as emergency power supply; 1135 waiver process; Best Practices & Lessons Learned from past disasters; Helpful Resources; and more. The webinars are available here
CMS also compiled a list of Frequently Asked Questions (FAQs) and useful national emergency preparedness resources to assist State Survey Agencies (SAs), their state, tribal, regional, local emergency management partners, and health care providers develop effective and robust emergency plans and tool kits to assure compliance with the EP rules.
The tools can be located:
Additional information on the emergency preparedness requirements can be found here.
CMS will continue to work with all geographic areas impacted by the winter storm. The agency is encouraging beneficiaries and providers of health care services that have been impacted to seek help by visiting CMS’s emergency webpage.
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