Trump Administration Approves 34th State Request for Medicaid Emergency Waivers

Centers for Medicare & Medicaid Services (CMS) approved its 34th state Medicaid waiver request under Section 1135 of the Social Security Act.

These approvals provide states new flexibilities to focus their resources to provide the best possible care for their Medicaid beneficiaries in response to the coronavirus outbreak. In addition to the Section Medicaid 1135 waiver approvals, CMS has also approved eight state requests to invoke emergency flexibilities in their programs that care for the elderly and people with disabilities in their homes and communities. These approvals give states a range of flexibilities including the ability to enroll out-of-state or new providers more quickly, temporarily delay Medicaid hearings to focus resources, and temporarily suspend prior authorization requirements. 

The most recent addition of Medicaid 1135 state approvals includes New York, Colorado, Hawaii, Idaho, Massachusetts, Maryland, Connecticut, Delaware, Minnesota, Pennsylvania and Wyoming.  They join the following states with already-approved 1135 approval letters: Iowa, Indiana, Rhode Island, Kansas, Kentucky, Missouri, Oregon, North Dakota, South Dakota, Oklahoma, Alabama, California, New Hampshire, New Mexico, New Jersey, Arizona, Virginia, North Carolina, Mississippi Louisiana, Illinois, Washington and Florida.

Examples of waivers available under section 1135 of the Act include:

• Temporarily suspend prior authorization requirements;
• Extend existing authorizations for services through the end of the public health emergency;
• Modify certain timeline requirements for state fair hearings and appeals;
• Relax provider enrollment requirements to allow states to more quickly enroll out-of-state or other new providers to expand access to care, and
• Relax public notice and submission deadlines for certain COVID-19 focused Medicaid state plan amendments, enabling states to make changes faster and ensure they can be retroactive to the beginning of the emergency.

These section 1135 waivers are effective March 1, 2020, and will end upon termination of the public health emergency, including any extensions.

Source: https://www.cms.gov/newsroom/press-releases/trump-administration-approves-34th-state-request-medicaid-emergency-waivers