Section 1135 Waiver Flexibilities

Medicare/Medicaid Provider Enrollment-Related Issues and Flexibilities

In anticipation of an emergency or potential weather related event that may adversely impact provider operations, the following information may be useful in addressing any questions or concerns:  

CMS 1135 Waivers

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. 

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.