Response to the severe storms, straight-line winds, and flooding in the state of Texas

On July 8, Secretary Robert F. Kennedy, Jr of the Department of Health & Human Services (HHS) declared that a public health emergency (PHE) exists in the state of Texas as listed in the presidential declaration, and authorized waivers and modifications under §1135 of the Social Security Act. These actions and flexibilities are retroactive to July 2, for the state of Texas. 

CMS has activated emergency waivers and flexibilities retroactive to July 2, for providers in affected areas and stands ready to assist with resources and waivers to ensure providers and suppliers can continue to operate and provide access to care to those impacted by the severe storms and floodings. Providers may request additional support at CMS 1135 Waiver/Flexibility Request and Inquiry Form. CMS will continue coordinating with Texas and affected communities to support care access and recovery.

In accordance with CMS IOM Pub.100-04 Medicare Claims Processing Manual, Chapter 38, section10, use of the “CR” modifier and the “DR” condition code are mandatory on claims for items and services for which Medicare payment is conditioned on the presence of a “formal waiver” including, but not necessarily limited to, waivers granted under either §1135 or §1812(f) of the Social Security Act.