CMS Announces Resources, Flexibilities to Assist with Public Health Emergency in Alabama and Florida

On October 15, 2026, CMS announced resources and flexibilities in response to a Public Health Emergency declared by HHS Secretary Robert F. Kennedy, Jr. on October 13, 2026, covering Alabama (PHE beginning October 7, 2026) and Florida (PHE beginning October 6, 2026) due to Hurricane Isaias. CMS activated blanket waivers under Section 1135 of the Social Security Act for providers in both states, and providers seeking additional flexibility may submit requests through the CMS 1135 Waiver/Flexibility Request and Inquiry Form. CMS also made available its Medicaid and CHIP Disaster Response Toolkit to support state agencies in maintaining continuity of coverage. CMS activated the Kidney Community Emergency Response (KCER) program, engaging ESRD Network 7 (Florida) and ESRD Network 8 (Alabama) to assess dialysis facility status, evaluate generator and water supply impacts, and assist displaced patients in accessing dialysis services. Both networks are operating toll-free hotlines: 1-800-936-2620 for Florida and 1-877-936-9260 for Alabama. For Medicare beneficiaries, CMS is permitting replacement of lost or damaged durable medical equipment, prosthetics, orthotics, and supplies. For Part D, plans are required to ensure access to covered drugs at out-of-network pharmacies for displaced beneficiaries, reimburse enrollees up to the usual plan allowance for OON pharmacy payments, and remove refill-too-soon edits for beneficiaries who have lost medications, consistent with Chapter 5, Sections 50.12 and 60.1 of the Prescription Drug Benefit Manual. The HIPAA Privacy Rule waiver authority is activated: the HHS Secretary may waive sanctions and penalties against covered hospitals that do not comply with certain HIPAA Privacy Rule provisions during the emergency period, applicable to hospitals that have instituted a disaster protocol and for up to 72 hours from implementation, not to exceed the period described in Section 1135(e) of the Social Security Act. Additionally, individuals residing in HealthCare.gov states who are affected by the FEMA-declared disaster are eligible for a Marketplace Special Enrollment Period, with up to 60 days from the end of the FEMA-designated incident period to select or modify a Marketplace plan.