1135 Waivers

Q: We are beginning to see a large number of states relax the requirements due to the pandemic. Is there any indication when the 1135 waivers will end and will no longer be able to be claimed?

A: I have not heard anything, but the way I see the 1135 waiver requirement written, there is no end to its availability. The use of the 1135 waivers is dependent upon the healthcare occupancy declaring an emergency and invoking the 1135 waiver (in writing). The healthcare organization gets to decide when the emergency is over and when the conditions surrounding the 1135 waivers is no longer needed.

As far as CMS making any statement regarding the specific use of 1135 waivers for the COVID 19 pandemic, I have not heard or seen anything. I’m sure if and when they do make a statement, it will be re-enforced by the accreditation organizations and state agencies who survey on behalf of CMS.