On January 10, 2025, Secretary Becerra of the U.S. Department of Health and Human Services declared a public health emergency for California over the health effects of the wildfires burning in Los Angeles County.
The order followed the president’s major disaster declaration. Its practical effect is to give health care providers and suppliers who serve Medicare and Medicaid patients more room to meet emergency needs. The CHAP special bulletin notes that Becerra acted under the Public Health Service Act and the Social Security Act, and that the flexibilities reach back to January 7, 2025.
What changes for providers
HHS also waived sanctions and penalties against hospitals in the emergency area for violating certain provisions of the HIPAA Privacy Rule. The agency’s Office for Civil Rights issued bulletins on how the limited waivers apply and how long they last. For hospitals that put a disaster protocol in place, the waiver can run up to 72 hours from the time it starts, within the limits set by section 1135(e) of the Social Security Act.
Providers who need more can ask the Centers for Medicare & Medicaid Services for an individual waiver through the 1135 process. There are no blanket waivers for home health, hospice or durable medical equipment.
The state is covered by CMS waivers for providers affected by the Southern California fires.
Help for patients
People with Medicare who lost or damaged durable medical equipment, prosthetics, orthotics or supplies in the fires can get replacements. They can call 1-800-MEDICARE (1-800-633-4227).
HHS’s emPOWER program can count Medicare beneficiaries in affected zip codes who depend on electricity-powered medical equipment or on services such as dialysis, oxygen or home health. That helps officials plan for at-risk residents.
For emotional strain, the Substance Abuse and Mental Health Services Administration runs the Disaster Distress Helpline. The service is free, toll-free and open around the clock. Call or text 1-800-985-5990; Spanish speakers press “2,” and counselors can reach callers in more than 100 other languages through interpretation services.
The HHS Office for Civil Rights also publishes a plain language checklist to help first responders identify and meet language needs in a disaster-hit community.
Sources
- ASPR's Response to the California Wildfires
- Special Bulletin – CA Wildfires Public Health Emergency | CHAP
