CMS News about Flexibilities 2024

The Centers for Medicare & Medicaid Services (CMS) announced today additional resources and flexibilities available in response to Hurricane Debby, now Tropical Storm Debby, in the states of Florida, Georgia, and South Carolina. CMS is working closely with these states to ensure those affected by this natural disaster have access to the care they need — when they need it most.
On Aug. 4, 2024, President Biden determined that an emergency exists in the state of Florida due to the emergency conditions resulting from Tropical Storm Debby beginning Aug. 1, 2024, and continuing. On Aug. 5, 2024 President Biden determined that an emergency exists in the states of Georgia and South Carolina. On Aug. 6, 2024, Department of Health and Human Services (HHS) Secretary Xavier Becerra determined that a Public Health Emergency exists in the state of Florida and has existed since Aug. 1, 2024. On Aug. 7, 2024, Secretary Becerra determined that a Public Health Emergency exists in the states of Georgia and South Carolina and has existed since Aug. 4, 2024.
CMS stands ready to assist with resources and waivers to ensure hospitals and other facilities can continue to operate and provide access to care to those impacted by the consequences of the tropical storm.

The following is key information on resources for those affected and actions CMS (CMS News about Flexibilities) is taking in response to the tropical storm: (CMS News about Flexibilities)

State Waivers: CMS (CMS News about Flexibilities) waivers are available to Florida, Georgia, and South Carolina providers who have been affected by Tropical Storm Debby. Health care providers who need additional flexibilities specific to the effects resulting from Tropical Storm can submit a request to CMS at: cmsqualitysupport.servicenowservices.com/cms_1135.

Special Enrollment Opportunities for Hurricane and Tropical Storm Victims: CMS (CMS News about Flexibilities) will make available special enrollment periods for eligible individuals to enroll in coverage through the Federal Health Insurance Exchange. This gives people impacted by the tropical storm the opportunity to enroll in coverage if they miss their original special enrollment period. For more information, please visit: cms.gov/About-CMS/Agency-Information/Emergency/EPRO/Past-Emergencies/Hurricanes-and-tropical-storms.

Disaster Toolkit and Support for State Medicaid and CHIP Agencies: To prepare for current and future disasters, CMS has developed an inventory of Medicaid and Children’s Health Insurance Program (CHIP) flexibilities and authorities available to states in the event of a disaster to support Medicaid and CHIP operations and ensure continuity of coverage for people served through Medicaid and CHIP programs during times of crisis. For more information and to access the inventory and toolkit, visit: medicaid.gov/state-resource-center/disaster-response-toolkit/index.html.

Dialysis Care: CMS is helping people obtain and maintain access to critical life-saving services by activating the Kidney Community Emergency Response (KCER) program and working with End-Stage Renal Disease (ESRD) Network 6 (Georgia and South Carolina) and Network 7 (Florida), which is responsible under a contract with CMS for assessing the status of dialysis facilities in potentially impacted areas of the impacted states. This includes assessing impacts related to generators, alternate water supplies, providing education and materials for patients, and more. The ESRD Networks are also assisting people to receive dialysis services in the location to which they evacuated. CMS, through the ESRD Networks, has also advised people to keep an emergency supply kit on hand in a waterproof bag, containing important personal, medical, and insurance information; contact information for their dialysis facility; the ESRD Network hotline number; and contact information of those with whom they may stay or for out-of-state contacts. They have also been instructed to have on hand supplies to follow a three-day emergency diet.
The ESRD Network 6 (Georgia and South Carolina) toll-free hotline is 1-800- 524-7139 and ESRD Network 7 (Florida) toll-free hotline is 1-800-826-3773. Additional information is available on the KCER website at: kcercoalition.com.
Medical Equipment and Supplies Replacements: CMS will permit people with Medicare who have lost or realized damage to their durable medical equipment, prosthetics, orthotics, and supplies because of the tropical storm to receive replacements of such items and services. This will help to ensure beneficiaries can continue to access needed medical equipment and supplies they rely on daily. Medicare beneficiaries can contact 1-800-MEDICARE (1-800-633-4227) for assistance.

Health Information Privacy/Civil Rights Accessibility Resources: During a public health emergency, the HHS Secretary may waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the Health Insurance Portability and Accountability act of 1996 (HIPAA) Privacy Rule in the emergency area and for the emergency period identified in the public health emergency declaration. This applies to hospitals that have instituted a disaster protocol for up to 72 hours after the disaster protocol begins. The HHS Office for Civil Rights offers more information on HIPAA during emergency responses.
Recent natural disasters have demonstrated the importance of ensuring accessibility to health and human services for everyone living in the United States, including individuals in need of interpretation and translation services. To help first responders provide on-the-ground language assistance and communicate effectively during disasters and in accordance with federal civil rights laws, the HHS Office for Civil Rights offers a plain language checklist — PDF, including recommendations, specific action steps, resources, and tips such as to how to identify language needs in a disaster-impacted community to effectively utilizing interpreters. Additional information is available on the HHS OCR website.
CMS will continue to work with Florida, Georgia, and South Carolina, and those areas impacted by the tropical storm. We encourage beneficiaries and providers of health care services who have been impacted to seek help by visiting CMS’s emergency webpage.

CMS News about Flexibilities
To find additional preparedness and response resources for the health sector and emergency management professionals, please visit: phe.gov/emergency/Tools/Pages/default.aspx.