General Waiver (Federal)
The Waiver Request Form below can apply to both health and life safety waiver request. Please ensure the form is completed and accurate. The completed form should be emailed to the State Agency
Life Safety Code Waivers
The Life Safety Code (LSC) provides that the authority having jurisdiction shall determine the adequacy of protection provided for life safety from fire in accordance with the provisions of the LSC. In cases of unreasonable hardship, 42 CFR 483.70(a)(2) specifies that a waiver may be granted where it would not adversely affect resident health and safety.
Health Regulation Waivers
A provider may require a waiver related to health regulations,
a process is in place to receive, process and approve/deny these request. A request will be sent to the State Agency (SA) from the facility or entity. The request will be filed with the Regional Office (RO).
State of Emergency Waivers (1135)
When the President declares a disaster or emergency under the Stafford Act or National Emergencies Act and the HHS Secretary declares a public health emergency under Section 319 of the Public Health Service Act, the Secretary is authorized to take certain actions in addition to regular authorities. For example, under section 1135 of the Social Security Act, The HHS Secretary may temporarily waive or modify certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in Social Security Act programs in the emergency area and time periods and that providers who provide such services in good faith can be reimbursed and exempted from sanctions (absent any determination of fraud or abuse).
These waivers under section 1135 of the Social Security Act typically end no later than the termination of the emergency period, or 60 days from the date the waiver or modification is first published unless the Secretary of HHS extends the waiver by notice for additional periods of up to 60 days, up to the end of the emergency period.