CMS Announces Waivers, Resources for Texas Flood Areas

WASHINGTON—The Centers for Medicare & Medicaid Services (CMS) announced resources and flexibilities to support individuals and health care providers affected by the severe storms, straight-line winds and flooding in Texas.

Following a Major Disaster Declaration by President Donald Trump on July 6 and a public health emergency (PHE)  declaration by Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. on July 8, CMS said it is working with Texas and federal partners to ensure continued access to care.

Key Resources and Flexibilities:

• State of Texas Waivers: CMS has activated emergency waivers and flexibilities, retroactive to July 2, for providers in affected areas. Providers may request additional support at CMS 1135 Waiver/Flexibility Request and Inquiry Form.
• Medical Equipment Replacements: Medicare beneficiaries who lost or damaged durable medical equipment may receive replacements. Call 1-800-MEDICARE (1-800-633-4227) for help.
• Health Insurance Coverage for Disaster Victims: Individuals impacted by the disaster may qualify for a special enrollment period. Call 1-800-318-2596 and indicate FEMA disaster impact. Affected individuals have 60 days from the end of the FEMA-designated incident period to enroll or make changes. For more information, visit FEMA SEP Guidance.
• Medicaid and CHIP Toolkit: CMS provides a disaster response toolkit for states to maintain Medicaid and Children’s Health Insurance Program (CHIP) operations during crises. For more information, visit Medicaid Disaster Response Toolkit.
• Dialysis Services: CMS has activated the Kidney Community Emergency Response (KCER) program and is working with ESRD Network 14 to assess dialysis facility needs and assist displaced patients. The ESRD Network 14 (Texas) toll-free hotline is 1-877-886-4435. Additional information is available on the KCER website.
• Part D Access: Part D plans must ensure enrollees have access to needed drugs, including from out-of-network pharmacies. "Refill-too-soon" restrictions should be lifted during this emergency. See Chapter 5, Sections 50.12 and 60.1 of the Part D Manual.
• HIPAA and Civil Rights Flexibilities: During a declared emergency, certain Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule provisions may be temporarily waived for hospitals that have activated disaster protocols. The HHS Office for Civil Rights (OCR) also offers resources on language access and nondiscrimination during disasters. For more information, visit HHS OCR Emergency Resources. 

CMS said it encourages beneficiaries and providers who have been impacted to seek help by visiting CMS’ Emergency Preparedness Webpage. To find additional health sector resources, visit PHE.gov Emergency Tools.