Medicare Compliance & Reimbursement

With COVID variants on the rise, the feds extended the public health emergency (PHE) … again.

Update: Effective Oct. 13, the Department of Health and Human Services (HHS) Secretary Xavier Becerra renewed the COVID-19 PHE for an 11th time. PHEs are extended in 90-day increments per the requirements of Section 319 of the Public Health Services Act and allow for certain 1135 waivers and flexibilities to continue.

However, industry organizations indicate that the PHE renewal, though helpful during these trying times, is just a starting point.

“This is very welcome news,” says National Association for Home Care & Hospice President William Dombi. “We hope that CMS and the Congress can reach a conclusion on which waivers should be made permanent over the coming months. We have learned a lot about valuable policy reforms during the pandemic, including telehealth and avoidable administrative burdens,” Dombi says in a statement.

The American Hospital Association (AHA) agrees that Congress’ intervention is necessary. “Recognizing both the immediate and potential long-term benefits of these flexibilities, we urge Congress to pass legislation to make certain flexibilities permanent while supporting a post-COVID-19 PHE transition period for several others. Without Congressional action, these flexibilities will cease to exist once the PHE ends and/or sunset shortly after the COVID-19 PHE is terminated,” stresses AHA in a fact sheet on the future of COVID waivers.

AHA also points out that inflation, staffing shortages, and supply chain issues are adjacent concerns plaguing providers and remain top reasons to consider making some of the waivers and flexibilities permanent.

Find the COVID-19 PHE declaration at https://aspr.hhs.gov/ legal/PHE/Pages/covid19-13Oct2022.aspx.