State Waiver on Healthcare Professionals Lapsed License-Ability to Work; Federal 3-Day Stay Waiver

STATE Waiver on healthcare professionals lapsed license-ability to work
The waiver that allowed medical professionals who had held a Delaware license within the last five years, in good standing – but whose license went inactive, expired or lapsed is still in effect according to Corinna Getchell. The “Joint Order Of The Department Of Health And Social Services And The Delaware Emergency Management Agency” was modified and contains language regarding this issue:

Please note the phrase in this order: “This Order shall remain in effect until further notice but not later than such time as the Governor’s Declaration of Public Health Emergency is lifted.” As of right now, we do not know when the public health emergency will be lifted. If these individuals are working in the facilities, and plan to continue working, there should be efforts to address the licensure/certification status.

FEDERAL Waiver Update: As you know, HHS renewed the Public Health Emergency (PHE) on July 20. The PHE renewal also extends all Section 1135 waivers, irrespective of a state’s PHE status – the federal waivers remain in place. Recently, several states have reported hospitals indicating the SNF 3-Day Stay Waiver no longer is in effect and other incorrect information.   

Based upon the PHE renewal:

  • 3-Day Stay Waiver Remains in Effect: The waiver language is unchanged:  “3-Day Prior Hospitalization. Using the authority under Section 1812(f) of the Act, CMS is waiving the requirement for a 3-day prior hospitalization for coverage of a SNF stay, which provides temporary emergency coverage of SNF services without a qualifying hospital stay, for those people who experience dislocations, or are otherwise affected by COVID-19. In addition, for certain beneficiaries who recently exhausted their SNF benefits, it authorizes renewed SNF coverage without first having to start a new benefit period (this waiver will apply only for those beneficiaries who have been delayed or prevented by the emergency itself from commencing or completing the process of ending their current benefit period and renewing their SNF benefits that would have occurred under normal circumstances).”  SOURCE:  CMS Waiver Document located at
  • SNF Providers Do Not Need Hospital Documentation: The 3-Day Stay Waiver is intended to free up as many hospital beds as possible by allowing beneficiaries who meet the Skilled Care Criteria to be directly admitted to a SNF. In regard to documentation, SNFs need only document that the beneficiary meets the SNF Criteria for Skilled Care and code claims associated with waiver stays using the disaster billing codes. Billing instructions are located here:
  • AHCA 3-Day Stay Guidance: AHCA also developed 3-Day Stay guidance for the membership. This guidance is located here:  You will note this document indicates the waiver guidance is “until April 21, 2021.” This is an anachronism which we will correct. 


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