From: HRSA
The “National Emergency” declared by Pres. Obama isn’t enough to allow CAHs to exceed the bed limit.
The Secretary would have to issue a Sec. 1135 waiver and, as of yet, hasn’t done so. However, because the President has declared a National Emergency the Secretary can issue the waiver.
Section 1135 of the Act authorizes the Secretary of the Department of Health and Human Services to waive or modify certain Meicare, Medicaid, CHIP, and HIPAA requirements. However, two prerequisites must be met before the Secretary may invoke the § 1135 waiver authority. First, the President must have declared an emergency or disaster under either the Stafford Act or the National Emergencies Act. Second, the Secretary must have declared a Public Health Emergency under Section 319 of the Public Health Service Act. Then, with respect to the geographic area(s) and time periods provided for in those declarations, the Secretary may elect to authorize waivers/modifications of one or more of the requirements described in Section 1135(b).
From the Office of Rural Health Policy:
There are three steps to this process, two of which are already complete: The President declares a National Emergency , The Secretary declaring a Public Health Emergency, and the Secretary’s waiver authority which allows for waivers to the requirement in certain cases only to the extent necessary as determined by CMS. In order for a CAH to request a waiver to the bed limit requirement, they need to request a wavier through their CMS Regional Office. CMS is not approving pre-emptive waivers, meaning that the CAH needs to be able to document their specific need for increasing the bed limit. CMS is working to develop an expedited waiver review process and identifying point people for these waivers in each of the regional offices. To find out more information on requesting waivers visit http://www.cms.hhs.gov/H1N1/. The CMS Regional Office Rural Health Coordinators http://www.cms.hhs.gov/ProspMedicareFeeSvcPmtGen/downloads/RO-RH-Coordinators.pdf may also be a resource.
Read more here.