Pathology/Lab Coding Alert

Question: Why do we keep hearing that the COVID-19 PHE is extended — does it last only a certain period of time?

Codify Subscriber

Answer: Yes, a public health emergency (PHE) lasts a specific period of time as opposed to requiring a certain action to retire the declaration.

A PHE falls under Section 319 of the Public Health Services Act and is good for a duration of 90 days. However, the Department of Health and Human Services (HHS) Secretary may shorten the PHE if an emergency no longer exists. A PHE extension is always a 90-day increment, so that’s why the COVID-19 PHE is now on its 10th extension.

For the feds to relax regulations and requirements, a number of things must happen in a specific order. Here’s a succinct breakdown of the necessary events that lead to a PHE:

1. A disaster or emergency occurs.

2. A governor calls a state of emergency.

3. The president of the United States declares an emergency or disaster under the Stafford Act or the National Emergencies Act for the impacted areas or state.

4. The HHS Secretary declares a PHE.

5. Once a PHE is in effect, Section 1135 of the Social Security Act authorizes the HHS secretary to waive or modify certain Medicare, Medicaid, CHIP, EMTALA, and HIPAA requirements.

No announcement of extending the current COVID-19 PHE past the January 11, 2023 expiration has been made as of press time.