Accreditation & Quality
May 11, 2021
Darra James Coleman, special counsel with the health care practice group, was recently quoted by Accreditation & Quality in their article "Check your state's pandemic plan to make sure 1135 waivers don't conflict with those requirements."
Darra offers her insight and tips for providers reviewing waivers as they prepare for survey to check if they were inconsistent with requirements under state emergency or pandemic plans.
If your health care organization has taken advantage of federal 1135 blanket waivers during the national public health emergency (PHE), be sure to review those waivers as you prepare for survey to check if any were inconsistent with requirements under your state emergency or pandemic plan.
The blanket waivers will remain in effect as long as the PHE is in effect, and CMS surveyors and accreditation organizations (AO), in general, will be held to allowing those blanket waivers, says Darra James Coleman, special counsel with Nexsen Pruet law firm in South Carolina.
The 1135 blanket waivers apply to requirements for federal programs. However, some of the waivers could be superseded by requirements set by state or local authorities having jurisdiction, if that is stated in a particular waiver and is included in your state’s emergency or pandemic plan, she notes.
Read the full article here.