News Alert: PHE Renewed for 90 Days

As expected, the PHE was renewed another 90-days effective April 16^th, 2022.

“As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic, on this date and after consultation with public health officials as necessary, I, Xavier Becerra, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby renew, effective April 16, 2022, the ​January 31, 2020, determination by former Secretary Alex M. Azar II, that he previously renewed on April 21, 2020, July 23, 2020, October 2, 2020, and January 7, 2021, and that I renewed on April 15, 2021, July 19, 2021, October 15, 2021, and January 14, 2022, that a public health emergency exists and has existed since January 27, 2020, nationwide.”

As expected, the COVID-19 PHE (Public Health Emergency) has been extended another 90-days, effective April 16^th, 2022. This means that “most” waivers under the 1135 CARES Act of 2020 will continue to stay in effect through this period, while others are winding down.

CMS has already alerted providers that many nursing home compliance standards will phase out, while still protecting those residents.

During the PHE, CMS used a combination of emergency waivers, 1135 Regulations, and sub regulatory guidance to offer healthcare providers the flexibility needed to respond to the COVID-19 pandemic. CMS is ending specific waivers to two groups: One will end 30-days from the issuance of the new guidance and the other group will terminate 60-days from issuance.