HHS Secretary Invokes Emergency Waiver Authority - November 3, 2009

In response to the escalating H1N1 pandemic, HHS Secretary Kathleen Sebelius has invoked her authority under Section 1135 of the Social Security Act to waive certain federal Medicare, Medicaid, CHIP, EMTALA and HIPAA requirements to ensure that providers are able to implement disaster operations plans that enable them to provide appropriate care during emergencies. The waiver (which the Secretary issued on October 27, 2009, and retroactive to October 23, 2009) waives certain participation, certification, program participation, and state licensure requirements. It also waives sanctions for certain directions or relocations and transfers of patients that would otherwise violate EMTALA, waives sanctions related to certain Stark self-referral prohibitions, and waives sanctions relating to noncompliance with certain HIPAA requirements. Hospitals and other health care providers must petition the Secretary for authority to operate under the waiver. Guidelines for requesting such authority are available here.