CMS Announces Flexibilities Following Hurricane Francine

BALTIMORE, Maryland—The Centers for Medicare & Medicaid Services (CMS) announced additional resources and flexibilities are available in response to Hurricane Francine in Louisiana. CMS is working closely with the state of Louisiana to put these flexibilities in place to ensure those affected by the natural disaster have access to the care they need.

On Sept. 10, President Joe Biden determined that an emergency exists in Louisiana due to the emergency conditions resulting from Hurricane Francine. Additionally, on Sept. 12, Xavier Becerra, Department of Health and Human Services (HHS) secretary, determined that a public health emergency (PHE) exists in Louisiana and has existed since Sept. 10. 

CMS aims to assist with resources and waivers and ensure hospitals and other facilities continue to operate and provide access to care to those impacted by the hurricane.

The following lists information on resources for those affected and actions CMS is taking in response to the hurricane in Louisiana.

• State of Louisiana waivers
  • CMS waivers are available to providers in Louisiana who have been affected by Hurricane Francine. Health care providers who need additional flexibilities specific to the effects resulting from Hurricane Francine 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. This will allow individuals impacted by the hurricane the opportunity to enroll in coverage if they miss their original special enrollment period. More information is available here.
• Disaster toolkit and support for state Medicaid and 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 in the event of a disaster, which supports Medicaid and CHIP operations and ensures continuity of coverage for people served through Medicaid and CHIP programs. More information and access to the inventory and toolkit can be found here.
• Dialysis care
  • CMS is helping individuals obtain and maintain access to life-saving services by activating the Kidney Community Emergency Response (KCER) program and working with end-stage renal disease (ESRD) network 13, which is responsible for assessing the status of dialysis facilities in potentially impacted areas of Louisiana. This includes assessing impacts to generators, alternate water supplies, providing education, materials for patients and more. Additionally, ESRD network 13 is assisting people in receiving dialysis services in evacuation locations. 
• Medical equipment and supplies replacements
  • CMS will permit people with Medicare who have lost or damaged their durable medical equipment (DME), prosthetics, orthotics or other supplies because of the hurricane to receive replacements of such items. This aims to ensure beneficiaries can access necessary medical equipment and supplies. 
• 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; 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 offers more information on HIPAA during emergency responses.

CMS will continue to work with Louisiana and other areas impacted by the hurricane. CMS encourages beneficiaries and providers of health care services that have been impacted to seek help by visiting CMS’ emergency webpage.