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This is an excerpt from a member-only article. To read the article in its entirety, please login or subscribe.

Check your state's pandemic plan to make sure 1135 waivers line up locally

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June 24, 2021
 

If your healthcare organization has taken advantage of federal 1135 blanket waivers during the national public health emergency (PHE), be sure to review the use of those waivers as you prepare for survey to check if any were inconsistent with requirements under your state emergency or pandemic plan.

The blanket waivers will remain in effect as long as the PHE declaration remains in force, and CMS surveyors and accreditation organizations (AO), in general, will be held to allowing those blanket waivers, says Darra James Coleman, special counsel with the law firm Nexsen Pruet in South Carolina.

However, some of the waivers could be superseded by requirements set by state or local authorities having jurisdiction, if that is stated in that particular waiver and is included in your state’s emergency or pandemic plan, she notes.



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