The California Department of Health has issued a new All Facilities Letter outlining the process for requesting waivers under Section 1135 of the Social Security Act in response to the ongoing spread of the H1N1 virus. Healthcare facilities, including nursing homes, must electronically submit waiver requests directly to the Centers for Medicare and Medicaid Services (CMS) and include specific information such as the federal laws or regulations for which a waiver is being sought and clear reasons and justifications for the request. The CMS National Validation Team will conduct an expedited review process to evaluate each request and make a determination. CMS will then inform the facility of their decision to approve or deny the waiver request. Facilities are advised to review the CMS H1N1 website for updates and frequently asked questions. Anticipatory waivers and blanket waivers will not be approved at this time.

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