| Covid-19 | Dec 8, 2020

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

This document outlines COVID-19 emergency declaration “blanket waivers” for healthcare providers and is regularly updated by CMS. The November 25 update, following CMS’ November 25 announcement of expanded flexibilities under the Hospital Without Walls Program (“Program”), includes a waiver of the requirement at 42 CFR §482.23(b)(1) that requires hospitals to have a licensed practical nurse or registered nurse on duty at all times. The waiver applies only to ambulatory surgical centers (ASCs) enrolling as hospitals during the public health emergency (PHE) as part of the Program. Under the waiver, ASCs participating in the Program are required to provide 24-hour onsite nursing only when there is a patient present in the facility and may otherwise utilize a 24 hour on-call service for nursing coverage. The waiver authority applies only to federal requirements and does not supersede State requirements for licensure.