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post-hurriCaneFLexiBiLitiesoFFeredBYCms
Health Care law Section Chairs : Elizabeth “ Beth ” Scarola – EpsteinBecker & Green , P . C . & RebeccaArendsSiviglia – MoffittCancerCenter
asaresultofhurricanes heleneandmilton , Cms extendedadditionalresources tomedicareprovidersand certainhealthcarefacilities .
As our local community continues to recover from the aftermath of Hurricanes Helene and Milton , health care lawyers should be aware of , and consider the extent upon which their clients can rely upon , the flexibilities that the Centers for Medicare & Medicaid Services ( CMS ) have extended to assist with the Public Health Emergencies ( PHEs ) in Florida . As a result of Hurricanes Helene and Milton , CMS extended additional resources to Medicare providers and certain health care facilities in Florida . As background , during a PHE , the Secretary of the U . S . Department of Health and Human Services ( HHS ) may temporarily waive certain HIPAA Privacy Rule requirements for hospitals . During the recent PHE , CMS issued HIPAA-related waivers lasting up to seventy-two hours to Florida hospitals that had activated their disaster protocol , including waivers for : the distribution of HIPAA privacy notices ; patient rights to request privacy restrictions and confidential communications ; communications with family or
friends involved in care ; and , opting out of facility directories .
CMS provided additional waivers for Florida health care providers , such as medical staff flexibility in an effort to address workforce shortages , and reduce the burden of credentialing and privileging processes .
Examples of other CMS Waivers issued for Florida hospitals and health care facilities , include :
• EMTALA Flexibility : to permit offsite patient screening outside the hospital ’ s campus ;
• Surge Capacity and Space Use : to permit the repurposing of non-patient areas for patient care , as long as the state approves and safety is ensured ;
• Telemedicine : to permit the provision of telemedicine services to patients through agreements with offsite hospitals to expand access to care ; and ,
• Temporary Expansion Locations : to permit the establishment of additional care locations that meet the required conditions , including
existing provider-based departments , to expand capacity during emergencies . These flexibilities will remain in place until the PHE has been rescinded .
The CMS waivers are aimed at increasing flexibility and capacity in response to healthcare system demands . Hurricanes Helene and Milton were a stark reminder of CMS requirements ( including Conditions of Participation ) for disaster planning to appropriately prepare for and respond to such events . As Florida attorneys , it is essential that our professional community is proactive about advising Florida health care entities on preparedness plans and flexibilities to navigate emergencies in furtherance of the goal of continuity of care during times of natural disasters . n
Author : Jenna Dees – Epstein Becker & Green
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