President and HHS secretary declare national emergency for H1N1 outbreak
In response to the recent H1N1 (swine flu) outbreak, President Obama and HHS Secretary Kathleen Sebelius have officially declared a national state of emergency, which, among other things, will allow critical access hospitals (CAHs) to file a request to CMS that would temporarily waive the daily limit of twenty-five occupied beds for CAHs. Though this does not indefinitely lift the limit, nor does it apply to any bed limits for which H1N1 patients are not a contributing factor, it does seek to address the current outbreak and address for surges in patient loads.
The waiver is not automatic, and each CAH must submit an individual request to be reviewed by CMS in order for it to be granted. CAHs with high patient loads due specifically to H1N1 should submit a request as soon as possible. The request must include the following information and be sent to you regional CMS office. Click here for your regional CMS office contact information. (Click on the link for your region at the bottom of the page.)
Name
City and state
Provider number
Hospital main contact person and contact information (phone number, etc.)
Explanation/reason for waiver request
Number of beds over the limit
Duration of beds occupied as a result of the reason for which you are filing the waiver
Unfortunately, CMS will not issue a waiver prior to actually exceeding the bed count and does not provide any more guidance on determining how to measure duration. Still, we suggest you request this waiver if your hospital is either getting close to the limit or as soon as possible after that limit is reached and exceeded.
This declaration was made official just this week when Secretary Sebelius exercised her authority to waive or modify Section 1135 of the Social Security Act. This authority allows her to temporarily waive certain Medicare, Medicaid, and Childrens Health Insurance provisions "to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in Social Security Act programs in the emergency area and time periods and that providers who provide such services in good faith can be reimbursed and exempted from sanctions."
This was in response to efforts by NRHA, as well as congressional offices that have talked to CAHs in their states and districts, and is great news for CAHs concerned that the potential surge of H1N1 affected patients are not turned away from treatment.
Please click below for the NRHA letter to Secretary Sebelius urging her to file this waiver, as well as the waiver itself.
Additionally, please see the links below for the president and secretary's press release and for more information pertaining to H1N1:
Please contact NRHA with any questions you may have, and watch for more developments on this issue.
