Special Bulletin – CA Wildfires Public Health Emergency
Important federal information for California healthcare providers on the wildfire disaster.
HHS Declares Public Health Emergency for California to Aid Health Care Response to Wildfires
The declaration follows President Biden’s major disaster declaration and gives the Centers for Medicare & Medicaid Services’ (CMS) health care providers and suppliers greater flexibility in meeting the emergency health needs of Medicare and Medicaid beneficiaries.
HHS has waived sanctions and penalties for violations of certain provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule against hospitals in the emergency area. The HHS Office for Civil Rights (OCR) issued a bulletin explaining how this limited waiver applies and its duration. Each waiver includes information on non-discrimination obligations and protections. OCR has information available on how non-discrimination laws apply during an emergency and on HIPAA emergency preparedness, planning, and response including toolkits and checklists for emergency preparedness planners and responders.
In declaring the public health emergency and authorizing flexibilities for CMS providers, suppliers, and beneficiaries, Secretary Becerra acted within his authority under the Public Health Service Act and Social Security Act. These actions and flexibilities are retroactive to January 7, 2025.
State of California Waivers: CMS waivers are available to providers in California who have been affected by the Southern California Wildfires. Healthcare providers needing additional flexibilities specific to the effects of wildfires can submit a request to CMS here: CMS 1135 Waiver/Flexibility Request and Inquiry Form.
While there are no specific home health, hospice, or DME CMS blanket waivers in place, a provider can apply for a specific waiver through the CMS 1135 process.[DM1] @
- Apply for an 1135 waiver or submit a public health emergency (PHE)–related inquiry
- Get a quick-start guide to learn how to submit an 1135 waiver (PDF) or a PHE inquiry (PDF)
- Watch our YouTube training videos:
Medical Equipment and Supplies Replacements: CMS will permit people with Medicare who have lost or realized damage to their durable medical equipment, prosthetics, orthotics, and supplies as a result of the wildfires to receive replacements of such items and services. This will help to ensure beneficiaries can continue to access the needed medical equipment and supplies they rely on each day. People with Medicare can contact 1-800-MEDICARE (1-800-633-4227) for assistance.
Health Information Privacy/ Civil Rights Accessibility Resources: During a PHE, the HHS Secretary may waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule in the emergency area and for the emergency period identified in the PHE declaration; to hospitals that have instituted a disaster protocol; and for up to 72 hours from the time the hospital implements its disaster protocol but not to exceed the time prescribed beyond the period described in section 1135(e) of the Social Security Act. The HHS Office for Civil Rights offers more information on enforcement of HIPAA during emergency responses.
Recent natural disasters have demonstrated the importance of ensuring accessibility to health and human services for everyone living in the United States, including individuals in need of interpretation and translation services. To help first responders provide on-the-ground language assistance and communicate effectively during disasters and in accordance with federal civil rights laws, the HHS Office for Civil Rights offers a plain language checklist – PDF, including recommendations, specific action steps, resources, and tips such as to how to identify language needs in a disaster-impacted community to effectively utilizing interpreters. Additional information is available on the HHS OCR website.
CMS will continue to work with the State of California and those areas impacted by the wildfires. We encourage beneficiaries and providers of healthcare services that have been impacted to seek help by visiting CMS’ emergency webpage (www.cms.gov/emergency).
To find additional preparedness and response resources for the health sector and emergency management professionals, please visit: https://www.phe.gov/emergency/Tools/Pages/default.aspx.