Requesting an 1135 Waiver

When the President declares a disaster or emergency under the Stafford Act or National Emergencies Act and the HHS Secretary declares a public health emergency (PHE) under Section 319 of the Public Health Service Act, the Secretary is authorized to take certain actions in addition to regular authorities. Under section 1135 of the Social Security Act, she/he may temporarily waive or modify certain Medicare, Medicaid, and Children's Health Insurance Program requirements to ensure that sufficient healthcare items and services are available to meet the needs of individuals enrolled in these programs in the emergency areas. CMS resources can also assist in response and recovery efforts.