DQA Memo 20-002 / CMS 1135 Waiver Provisions – Wisconsin Hospitals

DHS Logo Original 07/11/2018

Division of Quality Assurance: Notifications & Updates

Attn: All Wisconsin Hospitals

DQA Memo 20-002 / CMS 1135 Waiver Provisions – Wisconsin Hospitals

Please visit the following link to view DQA Memo 20-002 / CMS 1135 Waiver Provisions – Wisconsin Hospitals: https://www.dhs.wisconsin.gov/dqa/memos/20-002.pdf.

The purpose of this memorandum is to the provide clarification and guidance to Wisconsin hospitals (including critical access hospitals, as well as temporary expansion sites, that are licensed as hospitals during the public emergency, collectively referred to herein as "hospitals") regarding the Centers for Medicare and Medicaid Services (CMS) issuance of blanket waivers of Medicare regulations under Section 1135 of the Social Security Act. Wisconsin has adopted the Medicare Conditions of Participation as licensing standards. Accordingly, currently-approved hospitals operating in a manner that is consistent with these CMS waivers are in compliance with Wisconsin licensing standards, to the extent there is no conflict with Wisconsin law, as identified in the chart below.

If hospitals are in compliance with the Medicare CoPs as temporarily modified by the waivers and with any conflicting Wisconsin law identified below, no additional action is necessary for Wisconsin hospitals to achieve compliance with Wisconsin’s minimum standards for hospitals, and Wisconsin hospitals will not face sanctions from the state for violations of minimum licensing standards if the hospital is acting in reliance on the CMS waivers. All inpatient hospital locations in Wisconsin are required to maintain a Certificate of Approval (CoA). This applies to hospitals operating as a provider-based Medicare location of another hospital. Hospitals seeking to expand their inpatient locations temporarily during the COVID-19 public health emergency should refer to DQA Memo 20-001 which provides guidance on the licensure application requirements and Physical Environment/Life Safety Code requirements.

Related to licensure or the CoA application process, please contact Thomas Rylander at 608.266.7297 or Thomas.Rylander@wi.gov and Angela Mack at 608.216.3065 or Angela.Mack@wi.gov.
Related to Physical Environment or Life Safety Code, please contact Henry Kosarzycki at 414.750.0459 or Henry.Kosarzycki@wi.gov.
Regarding the information in this memo, please contact Ann Hansen at 608.266.0269 or Ann.Hansen@wi.gov.

Please see the DQA Memo webpage at https://www.dhs.wisconsin.gov/dqa/memos/index.htm for more information.