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States Respond to COVID-19: Reporting Requirements, 1135 Waivers

As health care facilities treat and prepare to treat patients with COVID-19, states are expanding requirements for hospitals to report their bed capacity and supply inventory.

New Jersey health care facilities must report daily data on capacity and supplies to the state‘s Office of Emergency Management, pursuant to a March 29 executive order signed by Governor Murphy.

Arizona Gov. Doug Ducey (R) issued a March 26 executive order requiring hospitals to increase bed capacity 50 percent by April 24, with half of that increase implemented by April 10. Hospitals in the state also must report to the Arizona Department of Health Services their number of licensed medical-surgical beds and intensive care unit beds, as well as the anticipated number of additional beds pursuant to the order.

A March 24 executive order in Texas requires all licensed and state-run hospitals, except for psychiatric hospitals, to report daily bed capacity to the state Department of State Health Services (DSHS). In addition, both public and private labs must report positive and negative results daily to DSHS and their local health department.

States to Reopen Closed Hospitals

Around the country, states are readying facilities to expand capacity to treat patients with COVID-19.

Illinois officials are assessing four recently closed hospitals to determine whether they can reopen. In New Jersey, health officials are working to reopen Inspira Medical Center, in Woodbury, an outpatient center that formerly housed a 300-bed acute care hospital. The state also is working to add beds at acute care hospitals that recently downsized. In Florida, association member Jackson Health, in Miami, has an empty rehabilitation hospital at the ready for patients with COVID-19.

Section 1135 Waivers

As of March 30, the Centers for Medicare & Medicaid Services (CMS) approved requests for Section 1135 waivers in 38 states.

Under Section 1135 of the Social Security Act, CMS can waive or modify select Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements and conditions of participation when a national emergency and public health emergency have been declared. The agency created a Section 1135 Medicaid and CHIP checklist for states applying for waivers.

States Waive Cost-Sharing for COVID-19 Treatment

New Mexico, Massachusetts, and Washington, D.C., require state-certified insurance carriers to waive patient cost-sharing for treatment of COVID-19 and related conditions, such as pneumonia and flu.

Visit the America’s Essential Hospitals coronavirus resource page for more information about the outbreak.

Contact Senior Director of Policy Erin O’Malley at or 202.585.0127 with questions.


About the Author

Emily Schweich is a communications manager at America's Essential Hospitals.

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