Regardless of the activation of an emergency waiver, the HIPAA Privacy Rule permits disclosures for treatment purposes and certain disclosures to disaster relief organizations. For instance, the Privacy Rule allows covered entities to share patient information with the American Red Cross so it can notify family members of the patient’s location. See 45 CFR 164.510(b)(4).
Learn More: * Visit the weblink below for information on sharing information in emergency situations. http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/emergency/katrinanhipaa.pdf
Q: When and where are 1135 waivers (not related to HIPAA) in effect?A: The Secretary may issue specific waivers or modifications under section 1135 only to the extent they ensure that sufficient health care items and services are available to meet the needs of Medicare, Medicaid, and CHIP beneficiaries in the emergency area during the emergency period. The “emergency area” and the “emergency period” are the geographic area, in which, and the time period, during which, the dual declarations exist. For this event, the emergency area is nationwide and the emergency period begins on October 23, 2009, and will last through duration of the declared Public Health Emergency for 2009 H1N1 influenza. HIPAA waivers are subject to special time limits as discussed above.
Q: What are practical implementation steps States and Individual Healthcare Providers need to consider?Determining if Waivers Are NecessaryIn determining whether to invoke an 1135 waiver (once the conditions precedent to the authority’s exercise have been met), the Assistant Secretary for Preparedness and Response (ASPR) with input from relevant HHS Operating Divisions will determine the need and scope for such modifications. Information considered includes requests from Governors’ offices, feedback from individual healthcare providers and associations, and requests to regional or field offices for assistance.
How States or Individual Healthcare Providers Can Ask for Assistance or a WaiverOnce an 1135 Waiver is authorized, health care providers can submit requests to operate under that authority or for other relief that may be possible outside the authority to either the State Survey Agency or CMS Regional Office. Requests can be made by sending an email to the CMS Regional Office in their service area, or by calling the State or CMS Regional Office. Email addresses are listed below. Information on your facility and justification for requesting the waiver will be required.
Review of 1135 Waiver requestsCMS will review and validate the 1135 waiver requests utilizing a cross-regional Waiver Validation Team. The cross-regional Waiver Validation Team will review waiver requests to ensure they are justified and supportable.
Implementation of 1135 Waiver AuthorityProviders must resume compliance with normal rules and regulations as soon as they are able to do so and, in any event, the waivers or modifications a provider was operating under are no longer available after the termination of the emergency period.
Federally certified/approved providers must operate under normal rules and regulations, unless they have sought and have been granted modifications under the waiver authority from specific requirements.
Frequently Asked QuestionsFurther information on the 1135 Waiver process can be found at: http://www.cms.hhs.gov/H1N1/
Questions regarding 1135 that are not addressed at the above website can be sent to the following mailbox: Pandemic@cms.hhs.gov
Email Addresses for CMS Regional OfficesROATLHSQ@cms.hhs.gov (Atlanta RO): Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee
RODALDSC@cms.hhs.gov (Dallas RO): Arkansas, Louisiana, New Mexico, Oklahoma, Texas
ROPHIDSC@cms.hhs.gov (Northeast Consortium): Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia, New York, New Jersey, Puerto Rico, Virgin Islands, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
ROCHISC@cms.hhs.gov (Midwest Consortium): Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin, Iowa, Kansas, Missouri, Nebraska
ROSFOSO@cms.hhs.gov (Western Consortium): Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming, Alaska, Idaho, Oregon, Washington, Arizona, California, Hawaii, Nevada, Pacific Territories.
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