August 31, 2008
US HHS Secretary Declares Public Health Emergency for Louisiana, Texas,
Mississippi, and Alabama
HHS Secretary Mike Leavitt has declared a public health
emergency in the following states: Alabama, Louisiana, Mississippi and Texas.
The declaration ensures that individuals, including those enrolled in Medicare,
Medicaid and the State Children's Health Insurance Program (SCHIP), in those
states will continue to receive their health care services and other needs. As a
result of “Hurricane Gustav”, Secretary Leavitt is acting quickly to help
beneficiaries and providers in communities where hospitals and other health care
delivery systems are affected. Pursuant to Section 319 of the Public Health
Service Act and Section 1135 of the Social Security Act, he waived or modified
certain Medicare, Medicaid and SCHIP requirements. States can submit waiver
requests through their Centers for Medicare and Medicaid Services (CMS) Regional
Offices.
The agency also issued a statement from CMS Acting
Administrator Kerry Weems: "Many of the agency's normal operating procedures
will be temporarily relaxed so health care services will continue to be provided
to the elderly, people with disabilities and vulnerable children as they leave
the areas affected by the hurricane."
CMS officials will ensure that health care providers that provide items and
services in good faith are exempt from sanctions for noncompliance with
otherwise applicable requirement, provided there is no fraud or abuse.
CMS will waive certain program requirements for the following institutional
providers:
-
Critical Access Hospitals: Allow these hospitals to take more than the
statutorily mandated limit of 25 patients and not count the expected longer
lengths of stay for evacuated patients against the 96-hour average;
-
Skilled Nursing Facilities: Waive the three-day prior hospitalization
requirement for admission for evacuated patients and relax limitations on the
benefit period for those evacuated patients;
-
Long-Term Care Hospitals: Not count the evacuated patients in determining
compliance with the 25 day average length of stay requirement;
-
Inpatient Rehabilitation Facilities: Not count the evacuated patients in
determining compliance with the 60 percent rule requirement. The 60 percent rule
requires that at least 60 percent of a facility's patient population fall into
certain clinical conditions in order to receive medical rehabilitation services.
CMS plans to expand the definition of "home" to allow those Medicare
beneficiaries who are receiving home health services to receive those services
in alternative sites.
For the Medicare Part D prescription drug benefit, CMS has been working with
prescription drug plans to ensure that rules preventing early refills are
waived. This will assist those beneficiaries who left their prescriptions in
evacuated homes or lost their prescriptions when they had to leave their homes.
Beneficiaries in Medicare health plans will be able to go out of network during
this emergency and CMS is working with the health insurance industry to ensure
there are no barriers to this service for those enrolled in these plans.
CMS will work with affected State Survey Agencies and providers to temporarily
adjust quality assurance enforcement actions where the immediacy of direct
patient care needs due to Hurricane Gustav is appropriate.
End Stage Renal Disease Networks in the Gulf States have already initiated
arrangements to ensure the continuation of dialysis and health services for end
stage renal disease patients. Also, CMS will be working with the Federal
Emergency Management Agency to manage lost, stolen, or abandoned durable medical
equipment.
The HHS Web site homepage is featuring a link to public health and safety
information specifically related to hurricanes at
www.hhs.gov/hurricane.
Click here for the Declaration and
click here for the Waiver.
Note: All HHS press releases, fact sheets and other press materials are
available at http://www.hhs.gov/news.
SOURCE: US Department of Health & Human Services
CMS Office of Public Affairs
(202) 690-6145
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