CMS Announces Flexibilities Due to Hurricane Helene

BALTIMORE, Maryland—The Centers for Medicare and Medicaid Services (CMS) announced additional resources and flexibilities available in Florida and Georgia in response to Hurricane Helene. CMS is working closely with the states of Florida and Georgia to put these flexibilities in place, ensuring those affected by this natural disaster have access to the care they need.

On Thursday, Sept. 26, President Biden determined that an emergency exists in Florida and Georgia, due to the emergency conditions resulting from Hurricane Helene beginning Sept. 26 and continuing. Additionally, the Department of Health and Human Services (HHS) Secretary, Xavier Becerra, determined that a public health emergency (PHE) exists in Florida and Georgia and has existed since Sept. 26. 

CMS aims to provide resources and waivers to ensure hospitals and other facilities can continue operating and providing care to those impacted by the consequences of the hurricane.

Information on resources for those affected and actions CMS is taking in response are listed below.

States of Florida & Georgia Waivers

CMS waivers are available to providers in Florida and Georgia who have been affected by Hurricane Helene. Health care providers who need additional flexibilities specific to the effects resulting from Hurricane Helene can submit a request to CMS here.

Special Enrollment Opportunities for Hurricane Victims

CMS will make special enrollment periods available for eligible individuals to enroll in coverage through the Health Insurance Marketplace, providing those impacted by the hurricane in Florida and Georgia the opportunity to enroll in coverage if they missed their original special enrollment period. More information can be found here.

Disaster Toolkit & Support for State Medicaid & Children’s Health Insurance Program (CHIP) Agencies

To prepare for current and future disasters, CMS has developed an inventory of Medicaid and CHIP flexibilities and authorities available to states that experience a natural disaster. These flexibilities aim to support Medicaid and CHIP operations and ensure the continuity of coverage for people served through Medicaid and CHIP programs during times of crisis. Visit the Medicaid website for more information and access to the inventory and toolkit.

Dialysis Care

CMS aims to help 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 Network 7 (Florida). The KCER program, under a contract with CMS, is responsible for assessing the status of dialysis facilities in potentially impacted areas of the affected states. These assessments include determining impacts related to generators and alternate water supplies, as well as providing education and materials for patients. 

The ESRD networks aim to assist people in receiving dialysis services in the location to which they evacuated. CMS, through the ESRD networks, has 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. Additionally, CMS has recommended they have on-hand supplies to follow a three-day emergency diet. Additional information is available on the KCER website.

Medical Equipment & Supplies Replacements

CMS will permit those with Medicare who have lost or realized damage to their durable medical equipment, prosthetics, orthotics and supplies as a result of the hurricane to receive replacements of such items and services. This aims to help ensure beneficiaries can continue accessing the needed medical equipment and supplies they need. 

Health Information Privacy & Civil Rights Accessibility Resources

During a PHE, 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 PHE declaration; to hospitals that have instituted a disaster protocol; and for up to 72 hours from the time the hospital implements its disaster protocol. The HHS Office for Civil Rights (HHS-OCR) offers more information on HIPAA during emergency responses.

CMS said the recent natural disasters from Hurricane Helene 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, communicate effectively during disasters and in accordance with federal civil rights laws, the HHS-OCR offers a plain language checklist PDF, including recommendations, specific action steps, resources and tips to identify language needs in a disaster-impacted community to effectively utilizing interpreters. Additional information is available on the HHS-OCR website.

CMS continues to work with Florida, Georgia and areas impacted by the hurricane. They encourage beneficiaries and providers of health care services that have been impacted to seek help by visiting CMS’ emergency webpage.