Pathology/Lab Coding Alert

Reader Questions:

Notice PHE’s End

Published on Thu May 11, 2023

Question: Did the COVID-19 public health emergency expire (PHE)?

Florida Subscriber

Answer: The COVID-19 public health emergency (PHE) expires on May 11, 2023.

On Feb. 9, the Department of Health and Human Services (HHS) sent state governors a letter announcing another COVID-19 PHE renewal, effective Feb. 11. HHS “is planning for this to be the final renewal and for the COVID-19 PHE to end on May 11, 2023,” stated Xavier Becerra, HHS Secretary, in the letter.

Backstory: Prior to the Feb. 9 announcement, Becerra had renewed the PHE for a 12th time effective Jan. 11. Then on the heels of this renewal, the feds announced an end date. On Jan. 30, the White House released a statement setting the PHE’s end date as May 11. “This wind-down would align with the Administration’s previous commitments to give at least 60 days’ notice prior to termination of the PHE,” the statement notes.

Timing: Although providers expected 60 days’ notice of the PHE end, stakeholders were concerned that this would be difficult for practices to accommodate. In response to those

concerns, “Rather than 60 days’ notice, I am providing 90 days’ notice before the COVID-19 PHE ends to give you and your communities ample time to transition,” Becerra said in the letter.

These latest updates follow previous 2022 renewals on Oct. 13, July 15, April 12, and Jan. 14 and 2021 renewals on Oct. 18, July 19, April 15, and Jan. 7. Before that, former HHS Secretary Alex Azar renewed the PHE declaration in 2020 on Oct. 2, July 23, and April 21. The original PHE declaration was effective Jan. 27, 2020

Reminder: 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 related to various Medicare policies and regulations. Over the last three years, COVID-19 has ebbed and flowed, but the PHE extensions have allowed providers to take advantage of the regulatory leniency and continue to care for patients, which has been a boon to the healthcare industry at large.