California Authorities Issue a Wide Range of Rules and Guidance on COVID-19

March 29, 2020
4 minutes
Coronavirus Landing Site


This is an update to the client alert published on March 20, 2020, California Authorities Issue a Wide Range of Rules and Guidance on COVID-19.

This Alert is one of a series of advisories, podcasts and webinars by Ropes & Gray addressing a wide range of COVID-19 topics. These resources may be found at our Coronavirus Resource Center.

Quick Summary: The Governor gives regulatory flexibility to CDPH to waive licensure and staffing requirements; Covered California, the state’s ACA-based health insurance marketplace, reopens enrollment; Medi-Cal telehealth services are to be reimbursed on a level with in-person services; CMS grants some of the Section 1135 waiver relief sought by California while continuing to review other requests.


  • Executive Order N-35-20 (March 21, 2020).
    • Section 1 permits the director of the California Department of Public Health to waive certain licensing and staffing requirements with respect to any clinic, adult day health care, hospice, or mobile health care unit in order to assist in the care or to protect the health of individuals that are not in a hospital or health facility. Waivers must include alternative measures to protect the health of affected individuals and the public health and safety.



  • CMS Letter Addressing Section 1135 Waiver Flexibility Related to Novel Coronavirus Disease (March 23, 2020).

    This letter approves several of California’s Section 1135 waiver requests, granting flexibility with respect to Medicaid. Some aspects of California’s 1135 waiver requests were not addressed, and the CMS letter indicates that CMS is continuing to review these. Note that there a number of CMS blanket waivers applicable to Medicare, listed here.

    CMS approved a request to allow enrollees up to an additional 120 days for an eligibility or FFS appeal to request a fair hearing. CMS noted that it cannot waive certain Medicaid managed care regulations related to appeals of adverse benefit determinations, but changed the timeframe before an enrollee may request a fair hearing to one day, to allow almost immediate access to the fair hearing without the managed care plan resolving the appeal first. Additional details are available here and here (for behavioral health).

    CMS approved a modification of the timeframe for managed care enrollees to exercise their appeal rights so that any enrollee who would have passed the deadline any time from March 1, 2020 to the end of the public health emergency is given up to 120 additional days to request a fair hearing.

    California’s Medicaid program is allowed to temporarily enroll providers who are enrolled with another State Medicaid Agency or Medicare for the duration of the public health emergency. This includes waiving the application fee, criminal background check, site visit, and in-state/territory licensure requirements. It is still required to collect minimum data requirements to file and process claims (including NPI); collect SSN, EIN, TIN; and to screen against the OIG exclusion list and state licensure in the provider’s home state. Additionally, CMS is waiving the requirement that such claims represent a single instance of care over 180 days, or multiple instances of care to a single individual over 180 days.

    CMS approved a waiver so that alternate settings (NFs, ICF/IDDs, PRTFs and hospital NFs) may be fully reimbursed for services rendered in connection with a need to relocate residents in an emergency, provided that efforts are made to meet minimum standards.

California’s governmental response to the COVID-19 pandemic is evolving rapidly. Please revisit this page for periodic updates.