2005 Hurricane Season |
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HHS Declares Public Health Emergency for Hurricane Katrina
September 4, 2005 Pursuant to Section 1135(b) of the Social Security Act (the Act) (42 U.S.C. ' 1320b-5), I hereby waive the following requirements of titles XVIII, XIX, or XXI of the Act or regulations thereunder, and the following requirements of Title XI of the Act, and regulations thereunder, insofar as they relate to Titles XVIII, XIX, or XXI of the Act, but in each case, only to the extent necessary to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in the Medicare, Medicaid and SCHIP programs and to ensure that health care providers that furnish such items and services in good faith, but are unable to comply with one or more of these requirements as a result of the effects of Hurricane Katrina, may be reimbursed for such items and services and exempted from sanctions for such noncompliance, absent any determination of fraud and abuse:
Pursuant to Section 1135(b)(5), the Secretary also hereby modifies deadlines and timetables and for the performance of required activities, but only to the extent necessary to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in the Medicare, Medicaid and SCHIP programs and to ensure that health care providers that furnish such items and services in good faith, but are unable to comply with one or more of these requirements, may be reimbursed for such items and services and exempted from sanctions for such noncompliance, absent any determination of fraud and abuse. These waivers and modifications will become effective at 10:00 a.m. Eastern Standard Time on September 6, 2005, but will have retroactive effect to August 24, 2005 in Florida; August 29, 2005 in Alabama, Louisiana, and Mississippi; and September 2, 2005 in Texas and continue through the period described in Section 1135(e)(1), unless extended by notice as provided in Sections 1135(e)(2). Notwithstanding the foregoing, the waivers described in paragraphs 3 and 5 above are in effect for a period of time not to exceed 72 hours from implementation of a hospital disaster protocol, and such waivers are not effective with respect to any action taken thereunder that discriminates among individuals on the basis of their source of payment or their ability to pay. The waivers and modifications described herein apply in the geographic area covered by the President=s declarations, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, on August 24, 2005 of a major disaster in Florida, on August 29, 2005 of major disasters in Alabama, Louisiana, and Mississippi, and on September 2, 2005 of an emergency in Texas, all due to Hurricane Katrina; my August 31, 2005 determination, pursuant to section 319 of the Public Health Service Act, that a public health emergency exists and has existed since August 24, 2005 in Florida and since August 29, 2005 in Alabama, Louisiana, and Mississippi due to Hurricane Katrina; and my September 4, 2005 determination, pursuant to section 319 of the Public Health Service Act, that a public health emergency exists and has existed since September 2, 2005 in Texas. The waivers and modifications described herein replace and supplant the waivers and modifications described in the September 1, 2005 WAIVER UNDER SECTION 1135 OF THE SOCIAL SECURITY ACT.
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Last updated: September 4, 2005