Division of Licensing Services

Emergency Waivers

The Division of Licensing Services is responsible for reviewing and approving waivers for certain state licensure rule requirement. The Division will also work with Centers for Medicare and Medicaid Services (CMS) to assist certified facilities during specific types of declared emergencies with requesting CMS waivers for certain Conditions of Participation or Conditions for Coverage.

State Licensure Rules Waiver Process

State waiver is limited to geographic area or specific events.

Protocol for requesting a state waiver:

  1. Waivers are only approved after the Governor has signed a State of Emergency Declaration
    • You must be located in the affected area and unable to continue to provide services while maintaining compliance with the Rules and Regulations.
  2. Notify the Department of Health Services that a waiver is being requested:
    • By emailing ADHS HEOC: HEOC_OPS@siren.gov
    • Calling the HEOC: 602-364-1877 *This phone is only monitored during emergencies, messages left when the Health Emergency Operations Center is not activated will not be returned
    • By messenger
  3. Fill out the one page request form
  4. Once ADHS is notified, the request will be reviewed
  5. ADHS will notify the facility of approval or other recommendations
    • If approval is granted, ADHS will provide the facility with a spreadsheet for the provider to request additional waivers after the 48 hours

For questions about the State Rules Waiver process, email: licensingwaivers@azdhs.gov

CMS Waiver for Regulatory Requirements

Requires a presidential declared state of emergency under Stafford Act of National Emergency Act; and a waiver or modification is invoked by the Secretary of the Department of Health and Human Services.

Protocol for requesting the 1135 CMS Waiver:

  1. Waivers require the Secretary of State to Invoke the Emergency
  2. Request directly to CMS with a copy to the State Survey Agency (ADHS – Division of Licensing)
  3. CMS Waiver Validation Team, in consultation with ADHS, will review the request to ensure it is justifiable.
  4. Determinations are made on a case by case basis
  5. Continue to operate under normal rules and regulations until you have been granted modifications under 1135 waiver authority.
    • Response time: usually within 3 business days of receipt

Additional Resources