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Waivers of Regulatory Requirements for Weather-Impacted Providers

By Marissa Machado posted Aug 31,2017 01:05 PM

  
​The Health and Human Services Commission and Centers for Medicare and Medicaid Services (CMS) are waiving certain regulatory requirements in response to Harvey . Read the full document in PDF format.

 

Waiver for Home and Community Support Services Agencies (HCSSAs):

 Home Health - OASIS Transmission Requirements

Waiver of Federal Requirement

CMS has authority under the 1135 waiver to modify the Outcome and Assessment

Information Set (OASIS) transmission requirements for Medicare-certified home health

agencies. See I-2 question and response in the CMS FAQ document. If you have a

specific waiver request related to OASIS transmission requirements, please contact the

CMS regional office as described below.

 
Hospice - Exceeding Licensed Capacity

Waiver of State Licensure Requirement

Inpatient hospice facilities may exceed license capacity by up to 10% after the request is

approved by the DADS Director of Survey Operations. Requests for additional capacity

increases over 10% will be considered on a case-by-case basis. Email all requests for

exceeding license capacity to Linda Lothringer at linda.lothringer@hhsc.state.tx.us.

 
Hospice -Admission, Transfer and Discharge

Waiver of State Licensure Requirement

Until this notice is rescinded, inpatient hospice facilities do not need to comply with state

admission, transfer, and discharge notification rules for residents being evacuated as a

result of Harvey. During an evacuation, the evacuating facility retains responsibility for

the care of their evacuated residents. As such, discharge notification and

transfer/admission paperwork would not apply.


The Texas Association for Home Care and Hospice (TAHC&H) is working with both our state and federal partners to ensure reasonable regulatory application during this period of disaster response and recovery.  CMS sent the following information about agency specific waiver requests that you will need to follow for specific agency situations.  We are working with CMS right now to issue some limited blanket waivers for all affected agencies and affected beneficiaries and will distribute as they become available. Additionally, we are working with our state partners on waivers to EVV requirements during this time and will distribute those instructions when received.   

 

 



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