1135 Waivers in Action: Flexibilities, Limits and Next Steps for States and Providers

Take a Deep Dive into 1135 Waivers—including Existing Approvals, Limits on Future Action and Implications for Health Systems, Long-Term Care and State Medicaid Programs—in a New Manatt Webinar.

On March 30, the Centers for Medicare & Medicaid Services (CMS) swept aside dozens of federal healthcare requirements using its emergency waiver authority under Section 1135 of the Social Security Act. The waivers—addressing program requirements under Medicare, Medicaid and the Children’s Health Insurance Program (CHIP), including the Emergency Medical Treatment and Labor Act (EMTALA), the Stark Law’s restrictions on physician self-referrals, and telehealth—are the latest salvo in CMS’s ongoing efforts to support providers and state governments as they respond to the escalating COVID-19 crisis.

In a new webinar, Manatt Health takes an in-depth look at CMS’s authority under Section 1135, as well as the specific waivers that have already been issued in connection with the COVID-19 pandemic, with a particular focus on the implications for health systems, long-term care providers, and states. The session will provide practical answers to your most critical questions including:

  • What is Section 1135, and what purpose does it serve?
  • Which federal healthcare requirements can—and cannot—be waived?
  • How do states and providers request flexibilities under Section 1135, and what does it mean when CMS issues a “blanket” waiver?
  • How has Section 1135 been used in the past? What types of tailored solutions are needed in the face of new challenges presented by the COVID-19 pandemic?
  • What Section 1135 waivers have been issued so far? How do providers and states go about implementing those waivers?
  • What’s next for 1135, as CMS becomes more comfortable crafting waivers tailored to pandemic-related needs?

Julian Polaris, Associate, Manatt Health
Randi Seigel, Partner, Manatt Health

Date and Time

Tuesday, April 21, 2020


This program has been approved for 1.0 CA MCLE General credit and 1.0 NY CLE Professional Practice credit (transitional and non-transitional).

If you would like to receive an audio transcript of this webinar due to accessibility issues, please email us at webinars@manatt.com.

This program does not constitute legal advice, nor does it establish an attorney-client relationship. Views expressed by presenters are strictly their own and should not be construed to be the views of Manatt or attributed to Manatt.



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