COVID-19 PHE Renewed
On April 12, 2022, Xavier Becerra, Secretary of Health and Human Services (HHS) announced the renewal of the public health emergency (PHE) declared due to the Coronavirus Disease 2019 (COVID-19). The PHE was originally declared on January 31, 2020. Extensions occurred on April 21, 2020; July 25, 2020; October 23, 2020; January 7, 2021; April 15, 2021; July 19, 202; October 18, 2021; and January 14, 2022. These extensions were in place for 90 days.
With the latest extension effective April 16, 2022, the PHE expiration date is now on July 15, 2022. The extension of the PHE allows for the flexibilities implemented by CMS, including telehealth services and other provisions related to the April 2020 Interim Final Rule.
That being said, the HHS Secretary has given clear indication during budget hearings that the country is getting close to the end of the PHE. In addition, CMS has recently taken steps to phase out some temporary waivers that have been in effect throughout the PHE for specific facility types: skilled nursing facilities; inpatient hospices; intermediate care facilities for patients with intellectual disabilities; and end stage renal disease (ESRD) facilities. By phasing out certain waivers that are no longer needed, certain Pre-COVID-19 standards can be re-established while “continuing to protect the health and safety” of residents in those facilities.
Back in January, CMS formally announced that it will give 60 days’ notice before it ends the COVID PHE and its related regulatory flexibilities. Because of this guaranteed advanced notice, the 90-day extension into July was not a surprise to most healthcare providers and others.
