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Section 1135 Waiver Flexibilities

CMS 1135 Waivers

In anticipation of an emergency or potential weather related event that may adversely impact provider operations, the Centers for Medicare & Medicaid Services (CMS) 1135 Waiver information may be useful in addressing any Medicare/Medicaid provider enrollment-related issues and flexibilities questions or concerns.

When the President declares a major disaster or an emergency under the Stafford Act, or an emergency under the National Emergencies Act, and the HHS Secretary declares a public health emergency, the Secretary is authorized to take certain actions in addition to her regular authorities under Section 1135 of the Social Security Act.

In March 2020, CMS created an 1135 Medicaid & CHIP Checklist (DOCX, 29.36 KB)  to assist states during emergencies.

Sufficient health care items and services are available to meet the needs of Medicare, Medicaid and CHIP beneficiaries; health care providers that provide such services in good faith can be reimbursed for them and not subjected to sanctions for noncompliance, absent any fraud or abuse.