The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- Social Security Act 1135 and 1812(f); Presidential national emergency declaration Mar. 13, 2020; HHS PHE
- Issued
- 2020-03-30 Mar. 30, 2020
- Effective
- 2020-03-01 (retroactive) (read as 2020-03-01)
- End
- End of PHE (May 11, 2023), with phased terminations from 2022 (read as 2023-05-11)
- In force
- Mar. 1, 2020 to May 11, 2023
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care orders
- Addressees
- hospitals, CAHs, ASCs and other providers
- Functions reached
- IP surge sites and off-campus beds
- ED EMTALA screening at alternate sites
- HR medical staff privileging
- OF
- CB
- Collection
- Hospitals and Health Systems SEC-01
Operative words
Emergency Medical Treatment & Labor Act (EMTALA). CMS is waiving the enforcement of [EMTALA]... Verbal Orders. CMS is waiving the requirements of 42 CFR 482.23, 482.24 and 485.635(d)(3)... to provide additional flexibility... Due to current hospital surge, CMS is waiving...
Enforcement
Conditions of participation waived only on the stated terms; the waiver defines what a hospital could lawfully do off-site
Notes
Pleaded as the federal terms on which surge capacity was built and as the predicate of every State licensing waiver.