Pursuant to section 319 of the Public Health Service Act, a federal disaster declaration was approved on August 4, 2026, for areas affected by the Washington wildfires. On August 7, 2026, the Secretary of Health and Human Services (HHS) declared a Public Health Emergency (PHE) for Washington State due to major wildfires beginning August 1, 2026. CMS has made applicable waivers and flexibilities available retroactive to August 1, 2026, to ensure continued access to care for affected beneficiaries and providers.

During the Washington PHE, the Administrator of the Centers for Medicare & Medicaid Services (CMS) authorized waivers under §1812(f) of the Social Security Act for beneficiaries who were evacuated, transferred, displaced, or otherwise impacted by the wildfires. In addition, Section 1135 waiver authority allows CMS to waive or modify certain Medicare, Medicaid, and CHIP requirements to ensure adequate access to healthcare services during the emergency.

Sections listed in the federal disaster declaration, along with authorized waivers and modifications under §1135 of the Social Security Act, are currently in effect for affected areas of Washington State. CMS blanket waivers and other flexibilities are available retroactive to August 1, 2026, for providers and suppliers impacted by the wildfires. Healthcare providers requiring additional flexibility may submit an individual 1135 waiver request to CMS.

When Medicare covered DMEPOS is lost, destroyed, irreparably damaged, or rendered unusable due to the Washington wildfires, CMS permits replacement of equipment without obtaining a new face-to-face examination, new physician order, or new medical necessity documentation. Suppliers must maintain documentation demonstrating that the item was impacted by the disaster. Claims associated with applicable disaster-related waivers should include the CR modifier. For more information, refer to CMS Current Emergencies.