Requesting an 1135 Waiver

When the U.S. Department of Health and Human Services (HHS) Secretary declares a public health emergency under Section 319 of the Public Health Service Act, s/he may temporarily waive or modify certain requirements to ensure that there are enough health care resources and services available to meet the needs of the public’s health. A presidential declaration of emergency under the National Emergencies Act or Stafford Act is also required for Section 1135 waivers. This document highlights examples of waivers and other related information.