Insights

State 1135 Waivers to CMS


Not all Waivers Are Created Equal:
Importance of State 1135 Waiver Requests to CMS

CMS has granted certain “blanket waivers” as a result of the Novel Coronavirus Disease (COVID19) pandemic. However, it is important to understand that those blanket waivers only pertain to federal requirements. For all impacts and issues governed by Medicaid laws and regulations, States must individually apply to CMS to avail themselves of Section 1135 waivers. Moreover, state-submitted 1135 wavier requests are the best opportunity for states to submit all the “case-by-case” waiver or modification requests as there is no one size fits all solution to mitigating the impact of a global pandemic.

Once granted, these waivers, which require renewal every 60 days, create an opportunity for operators and associations to engage in a mutually beneficial, ongoing dialogue with state agencies to ensure then current needs and issues are being addressed in real-time across both State and Federal law. This continuous line of communication pertaining to 1135 waivers is an opportunity for providers to create a feedback loop with agencies to ensure providers are not only providing insight on issues, but are staying informed enough to stay compliant with state specific regulatory throughout the pendency of COVID-19.

Of note, while not required, CMS recommends that providers notify their local MAC, Regional CMS Office, and state survey agency of intent to operate under Section 1135 waivers for COVID-19.

 

State

 

Waiver Requested?

 

Date of Waiver Request Submission

 

Waiver Approved?

 

CMS Waiver Response

 

Alabama

 

Yes.

 

March 18, 2020.

 

Yes.

 

Alabama 1135 Waiver Response.

 

Alaska

 

Pending response from offices/agencies.

 

 

 

 

Arizona

 

Yes. Arizona Request.

 

March 17, 2020.

 

Yes.

 

Arizona 1135 Waiver

Response.

 

Arkansas

 

Pending response from

offices/agencies.

 

 

 

 

California

 

Yes. California Request.

 

March 19, 2020.

 

Yes.

 

California 1135 Waiver Response.

 

Colorado

 

Yes.

 

March 24, 2020.

 

Yes.

 

Colorado 1135 Waiver Response.

 

Connecticut

 

Yes.

 

March 23, 2020

 

Yes.

 

Connecticut 1135 Waiver Response.

 

Delaware

 

Yes.

 

March 24, 2020.

 

Yes.

 

Delaware 1135 Waiver Response.

 

Florida

 

Yes.

 

March 13, 2020.

 

Yes.

Florida 1135 Waiver Response.

 

Georgia

 

Yes.

 

March 28, 2020.

 

Yes.

 

Georgia 1135 Waiver

Response.

 

Hawaii

 

Yes.

 

March 20, 2020.

 

Yes.

 

Hawaii 1135 Waiver Response.

 

Idaho

 

Yes.

 

March 23, 2020.

 

Yes.

 

Idaho 1135 Waiver Response.

 

Illinois

 

Yes.

 

March 19, 2020.

 

Yes.

 

Illinois 1135 Waiver

Response.

 

Indiana

 

Yes.

 

March 19, 2020.

 

Yes.

 

Indiana 1135 Waiver

Response.

 

Iowa

 

Yes.

 

March 18, 2020.

 

Yes.

 

Iowa 1135 Waiver Response.

 

Kansas

 

Yes.

 

March 20, 2020.

 

Yes.

 

Kansas 1135 Waiver Response.

 

Kentucky

 

Yes.

 

March 19, 2010.

 

Yes.

 

Kentucky 1135 Waiver Response.

 

Louisiana

 

Yes.

 

March 17, 2020.

 

Yes.

 

Louisiana 1135 Waiver

Request.

 

Maine

Maine Department of Health and Human Services confirmed that they are currently evaluating whether to submit a waiver request.

 

 

 

 

Maryland

 

Yes. Maryland Request.

 

March 20, 2020.

 

Yes.

 

Maryland 1135 Waiver Response.

 

Massachusetts

 

Yes. Massachusetts Request.

 

March 20, 2020.

 

Yes.

 

Massachusetts 1135 Waiver Response.

 

Michigan

Michigan Department of Health and Human Services confirmed via email on 3/25 that they are currently not working on an 1135 Waiver Request.

 

 

 

 

Minnesota

 

Yes.

 

March 23, 2020.

 

Yes.

 

Minnesota 1135 Waiver Response.

 

Mississippi

 

Yes.

 

March 18, 2020.

 

Yes.

 

Mississippi 1135 Waiver Response.

 

Missouri

 

Yes.

 

March 20, 2020.

 

Yes.

 

Missouri 1135 Waiver Response.

 

Montana

 

Yes.

 

March 26, 2020.

 

Yes.

 

Montana 1135 Waiver Response.

 

Nebraska

 

Pending response from offices/agencies.

 

 

 

 

Nevada

Deputy Administrator, Nevada Department of Health and Human Services, confirmed they are working on the waiver but have not submitted.

 

 

 

 

New

Hampshire

 

Yes.

 

March 19, 2020.

 

Yes.

 

New Hampshire 1135 Waiver

Response.

 

New Jersey

 

Yes. New Jersey Request.

 

March 19, 2020.

 

Yes.

 

New Jersey 1135 Waiver Response.

 

New Mexico

 

Pending response from offices/agencies.

 

March 19, 2020.

 

Yes.

 

New Mexico 1135 Waiver Response.

 

New York

 

Yes. New York Request.

 

March 23, 2020.

 

Yes.

 

New York 1135 Waiver Response.

 

North Carolina

 

Yes. North Carolina Request.

 

March 17, 2020.

 

Yes.

 

North Carolina 1135 Waiver

Response.

 

North Dakota

 

Yes. North Dakota Request.

 

March 18, 2020.

 

Yes.

 

North Dakota 1135 Waiver Response.

 

Ohio

Counsel for Ohio Department of Medicaid confirmed that Ohio is currently preparing an 1135 Waiver Request and will be submitting it to CMS soon.

 

 

 

 

Oklahoma

 

Yes.

 

March 20, 2020.

 

Yes.

 

Oklahoma 1135 Waiver Response.

 

Oregon

 

Yes.

 

March 20, 2020.

 

Yes.

 

Oregon 1135 Waiver Response.

 

Pennsylvania

 

Yes.

 

March 24, 2020.

 

Yes.

 

Pennsylvania 1135 Waiver Response.

 

Rhode Island

 

Yes.

 

March 16, 2020.

 

Yes.

 

Rhode Island 1135 Waiver Response.

 

South Carolina

 

Yes.

 

March 27, 2020.

 

Yes.

 

South Carolina 1135 Waiver Response.

 

South Dakota

 

Yes.

 

March 19, 2020.

 

Yes.

 

South Dakota 1135 Waiver Response.

 

Tennessee

 

Yes.

 

March 27, 2020.

 

Yes

 

Tennessee 1135 Waiver Response.

 

Texas

 

Yes. Texas Request.

 

March 25, 2020.

 

Yes.

 

Texas 1135 Waiver

Response.

 

Utah

Utah is currently preparing to submit a waiver request; no estimated date for submission to CMS as of 3/25.

 

 

 

 

Vermont

 

Yes.

 

March 23, 2020

 

Yes.

 

Vermont 1135 Waiver Response.

 

Virginia

 

Yes.

 

March 16, 2020.

 

Yes.

 

Virginia 1135 Waiver

Response.

 

Washington

 

Yes.

 

March 15, 2020.

 

Yes.

 

Washington 1135 Waiver Response.

 

West Virginia

 

Yes.

 

March 23, 2020.

 

Yes.

 

West Virginia 1135 Waiver

Response.

 

Wisconsin

 

Pending response from offices/agencies.

 

 

 

 

Wyoming

 

Yes.

 

March 24, 2020.

 

Yes.

 

Wyoming 1135 Waiver Response.

 

District of Columbia

 

Pending response from offices/agencies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

These materials are for general informational purposes only. These materials do not, and are not intended to, constitute legal or compliance advice, and you should not act or refrain from acting based on any information provided in these materials. Please consult with your own legal counsel or compliance professional regards specific legal or compliance questions you have.

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