HHS Announces COVID-19 Public Health Emergency Will Conclude May 11, 2023

The Secretary of the U.S. Department of Health and Human Services (HHS) has determined a Public Health Emergency (PHE), which has been in effect due to the COVID-19 pandemic since Jan. 31, 2020, will be concluding on May 11, 2023.  To that end, under the Consolidated Appropriations Act of 2023 (CAA, 2023), there are provisions to extend the flexibilities of certain waivers beyond the end of the PHE.

Some of the more notable changes that you should be aware of are:

  • Telehealth:
    • Medicare Telehealth flexibilities will extend through December 31, 2024, under the CAA, 2023 however, the use of telehealth technology, which is not HIPAA protected will expire on May 11, 2023, after which HIPAA penalties will be back in effect.
    • Any waiver flexibility related to the State licensure regulations will continue to defer to the individual State regulations.  Many of the State licensure regulations have already expired.  Please check with your individual state if you have any questions:  https://www.fsmb.org/advocacy/covid-19/
  • PHE features which are expiring on May 11, 2024:
    • COVID-19 testing, and treatment unique coverage requirements provided by Medicare and other health plans
    • Certain staffing requirements related to FQHCs and RHCs
    • The Ryan Haight Act’s in-person exam requirement related to prescribing controlled substances (expecting a rule from the DEA)
    • Stark Law exemptions related to certain relationships “solely related” COVID-19

For more detailed information, we refer you to the formal CMS Bulletin attached below and available at https://www.cms.gov/coronavirus-waivers

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News & Knowledge
All Curi recommendations are based on current CDC criteria at the time of publication. CDC guidance for SARS-CoV-2 infection may, or may not, be adopted by state and local health departments to respond to rapidly changing local circumstances. Providers should always check with their local health department to see if the CDC’s guidance on any given topic has been modified (particularly if more restrictive) from the CDC’s recommended guidelines. Follow this link https://www.cdc.gov/publichealthgateway/healthdirectories/index.html for contact information to your state/local health department. If local recommendations vary from those of the CDC, and you are unsure what recommendations to follow, then it is safer to follow the more restrictive guidelines/recommendations.