1135 Waivers

March 20, 2020

On March 13, 2020, HHS Secretary Alex Azar issued several waivers of certain Medicare, Medicaid and Children’s Health Insurance Program (CHIP) requirements pursuant to Section 1135 of the Social Security Act. Click here. CMS published specific “blanket” waivers and encouraged the states to request waivers for federal components and requirements of their Medicaid and CHIP programs. Click here. Several states have already submitted requests to their CMS Regional Offices, and CMS has issued certain 1135 waivers to the states of Florida and Washington. The Kentucky Hospital Association coordinated with many of Kentucky’s health care providers, legal experts, and other contributors to compose Kentucky’s list of most-needed 1135 waivers for consideration by CMS. Wyatt’s Healthcare Law Service Team has assisted several clients in contributions to the state waiver request. CMS has published additional guidance and FAQs for state Medicaid and CHIP Agencies: Click here.

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