On March 24, 2020, the California Department of Public Health (CDPH) requested CMS issue a blanket section 1135 waiver allowing healthcare facilities flexibility with respect to staffing, space, program, and other requirements during the current COVID-19 emergency. If approved, the waiver would offer California providers significant and unprecedented flexibilities on a statewide basis. Earlier this week, CMS approved a separate 1135 waiver request from California’s Department of Health Care Services (DHCS) concerning prior-authorization for Medi-Cal fee-for-service benefits, State fair hearings and appeal timelines, provider enrollment, and the provision of care in alternative settings. Separately, the Department of Health & Human Services (HHS) has issued blanket, nationwide waivers on March 13, 2020 and March 15, 2020, which we addressed in our March 18, 2020 Health Law Advisory. Specifically, the CDPH waiver request asks that staffing requirements be lifted or modified as follows: The request further seeks the following waivers on space requirements: Additionally, CDPH requests the following program requirements be waived during the emergency: Finally, the CDPH blanket waiver request includes the following miscellaneous flexibilities: Hooper Lundy & Bookman attorneys will continue to monitor the status of this waiver request to CMS. For further information, please contact Mark Reagan, Katrina Pagonis, Scott Kiepen or Emily Brinkman in San Francisco, Lloyd Bookman or Nina Adatia Marsden in Los Angeles, Mark Johnson in San Diego, or your regular Hooper, Lundy & Bookman contact.California Department of Public Health Requests 1135 Waiver During COVID-19 Emergency
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