Coronavirus waivers & flexibilities

In certain circumstances, the Secretary of the Department of Health and Human Services (HHS) using section 1135 of the Social Security Act (SSA) can temporarily modify or waive certain Medicare, Medicaid, CHIP, or HIPAA requirements, called 1135 waivers. There are different kinds of 1135 waivers, including Medicare blanket waivers. When there's an emergency, sections 1135 or 1812(f) of the SSA allow us to issue blanket waivers to help beneficiaries access care. When a blanket waiver is issued, providers don't have to apply for an individual 1135 waiver. When there's an emergency, we can also offer health care providers other flexibilities to make sure Americans continue to have access to the health care they need.

Update regarding intent to end the national emergency and public health emergency declarations and extensions by way of the Consolidated Appropriations Act (CAA) for Fiscal Year 2023

Update: On Thursday, December 29, 2022, President Biden signed into law H.R. 2716, the Consolidated Appropriations Act (CAA) for Fiscal Year 2023. This legislation provides more than $1.7 trillion to fund various aspects of the federal government, including an extension of the major telehealth waivers and the Acute Hospital Care at Home (AHCaH) individual waiver that were initiated during the federal public health emergency (PHE).

Additionally, on January 30, 2023, the Biden Administration announced its intent to end the national emergency and public health emergency declarations on May 11, 2023, related to the COVID-19 pandemic.

CMS is committed to updating supporting resources and providing updates as soon as possible. Please continue to use the provider-specific fact sheets for information about COVID-19 Public Health Emergency (PHE) waivers and flexibilities.

Waivers & flexibilities for health care providers

Apply for an 1135 waiver or submit a public health emergency (PHE)-related inquiry

Get a quick-start guide to learn how to submit an 1135 General waiver (PDF), an 1135 Medicaid waiver (PDF), or a PHE inquiry (PDF)

Watch our YouTube training videos:
Report technical issues by email (Note “Waiver/Flexibility" in the subject line)

Learn how we're easing burden and helping providers care for Americans by offering new waivers and flexibilities:

Read our provider-specific fact sheets for information about COVID-19 Public Health Emergency (PHE) waivers and flexibilities. These fact sheets include information about which waivers and flexibilities have already been terminated, have been made permanent, or will end at the end of the PHE.

1135 blanket waivers

What do I need to know about 1135 blanket waivers?

If you're an entity in the declared emergency area, you can apply for an 1135 waiver. You'll usually hear back from us within 2-3 days, but if your request is more complicated, it may take up to a week. If your waiver request has 1 or 2 items, we may get back to you within 24 hours.

Once approved, waivers have a retroactive effective date of March 1, 2020 and will end no later than when the emergency declaration's ended.

Waivers don't offer grants or financial assistance. They also don't allow you to be paid for services that aren't usually covered or for people to be eligible for Medicare who aren't otherwise eligible. You also shouldn't base your response decisions, like evacuations, on waivers. Once your waiver's approved, as always to be reimbursed accurately, be sure to keep careful records about the services you provide and the beneficiaries you provide them to.