HHS Secretary renews public health emergency through May 11

UPDATE: 02/13/2023

On February 6, 2023, President Biden announced to Congress that Department of Health and Human Services (HHS) Secretary Xavier Becerra would renew the federal public health emergency (PHE) one final time as of February 11, 2023, with an expiration date of May 11, 2023. This provides states with 90 days to unwind many of the Medicaid flexibilities.

However, some of the federal waivers that were instituted at the beginning of the pandemic may continue past the end of the PHE due to subsequent federal legislation including the Consolidated Appropriations Act for FY2023, which extended the current Medicare telehealth waivers through the end of 2024, including a specific extension for occupational therapists and occupational therapy assistants to provide services via telehealth to Medicare beneficiaries.

The Centers for Medicare and Medicaid Services (CMS) has updated their CMS Emergencies Page to reflect the announcement and also provided additional materials for specific information related to the unwinding:

UPDATE: 01/23/2023

Department of Health and Human Services (HHS) Secretary Xavier Becerra has renewed the federal public health emergency (PHE). This is the twelfth renewal by HHS since the beginning of the COVID-19 pandemic, during which many federal waiver flexibilities will continue. The current declaration will expire on April 11, 2023. The Biden Administration has indicated that they will give states 60 days' notice prior to the termination or expiration of the PHE to begin winding down the flexibilities that have been available during the COVID-19 pandemic, e.g., Medicaid eligibility expansion. That means the Administration will have to give the states notice by February 10, 2023, if they intend to allow the COVID-19 PHE declaration to expire at the end of this renewal. AOTA is closely monitoring the situation and will post updates as they become available.

UPDATE: 10/14/2022

Department of Health and Human Services (HHS) Secretary Xavier Becerra has renewed the federal public health emergency (PHE). This is the eleventh renewal by HHS since the beginning of the COVID-19 pandemic, during which many of the federal waiver flexibilities will continue. The current declaration will expire on January 11, 2023. The Biden Administration has indicated that they will give states 60 days' notice prior to the termination or expiration of the PHE to begin winding down the flexibilities that have been available during the COVID-19 pandemic, e.g., Medicaid eligibility expansion. That means the Administration will have to give the states notice by November 12, 2022, if they intend to allow the COVID-19 PHE declaration to expire at the end of this renewal. AOTA is closely monitoring the situation and will post updates as they become available.

UPDATE: 7/15/2022

Department of Health and Human Services (HHS) Secretary Xavier Becerra has renewed the federal public health emergency (PHE). This is the tenth renewal by HHS since the beginning of the COVID-19 pandemic, during which many of the federal waiver flexibilities will continue. The current declaration will expire on October 14. The Biden Administration has indicated that they will give states 60 days' notice prior to the termination or expiration of the PHE to begin winding down the flexibilities that have been available during the COVID-19 pandemic, e.g., Medicaid eligibility expansion. That means the Administration will have to give notice by August 15 if they intend to allow the COVID-19 PHE declaration to expire at the end of this renewal. AOTA is closely monitoring the situation and will post updates as they become available.

UPDATE: 01/16/22

Department of Health and Human Services (HHS) Secretary Xavier Becerra has renewed the federal public health emergency (PHE). This is the eighth renewal by HHS since the beginning of the COVID-19 pandemic, during which the federal waiver flexibilities will continue. The current declaration will expire on April 16.

UPDATE: 10/15/2021

On Friday, October 15, 2021, HHS Secretary Xavier Becerra renewed the public health emergency (PHE) for another 90 days due to the COVID-19 pandemic. This is the sixth renewal of the PHE since it was first declared in January 2020. The renewal becomes effective on October 18, 2021, and will expire on January 16, 2022. Federal waiver flexibilities granted since the PHE was initiated will continue. For a complete list of Centers for Medicare & Medicaid Services (CMS) waivers and flexibilities allowed during the PHE, see the CMS Current Emergencies page. Read the Secretary’s most recent official renewal of the PHE. Questions can be directed to regulatory@aota.org.

UPDATE: 7/19/2021

On Monday, July 19, 2021, HHS Secretary Xavier Becerra renewed the public health emergency (PHE) for another 90 days due to the COVID-19 pandemic. This is the fifth renewal of the PHE since it was first declared in January 2020. The renewal becomes effective on July 20, 2021 and will expire on October 18, 2021. Federal waiver flexibilities granted since the PHE was initiated will continue. For a complete list of Centers for Medicare & Medicaid Services (CMS) waivers and flexibilities allowed during the PHE, see the CMS Current Emergencies page. Read the Secretary’s most recent official renewal of the PHE. Questions can be directed to regulatory@aota.org.

UPDATE: 4/20/2021

On Thursday, April 15, 2021, the new HHS Secretary Xavier Becerra renewed the public health emergency (PHE) for another 90 days due to the COVID-19 pandemic. This is the fourth renewal of the PHE since it was first declared in January 2020, but the first renewal under the Biden Administration. The renewal becomes effective on April 21, 2021 and will expire on July 20, 2021. Federal waiver flexibilities granted since the PHE was initiated will continue. For a complete list of Centers for Medicare & Medicaid Services (CMS) waivers and flexibilities allowed during the PHE, see the CMS Current Emergencies page. Read the Secretary’s most recent official renewal of the PHE. Questions can be directed to regulatory@aota.org.

UPDATE: 01/29/2021

In a recent letter to governors, the Acting Secretary of Health and Human Services (HHS) Norris Cochran indicated that the Biden Administration anticipates the public health emergency (PHE) declaration to continue through to at least the end of 2021. Additionally, Acting Secretary Cochran assured the states that HHS will provide 60 days’ notice if a decision is made to either terminate the PHE or allow it to expire. The PHE was most recently renewed on January 7, and currently extends until April 21. Extension of the PHE allows the federal flexibility waivers that have been established over the last year to remain in place, including but not limited to expansion of telehealth services and the ability of occupational therapists to open home health agency cases.

UPDATE: 01/08/2021

On January 7, 2021, Secretary Azar once again renewed the public health emergency (PHE) for another 90 days due to the COVID-19 pandemic. This is the fourth renewal of the PHE since it was first declared in January 2020. The renewal becomes effective on January 21, 2021, and will expire on April 21, 2021. Federal waiver flexibilities granted since the PHE was initiated will continue. For a complete list of Centers for Medicare & Medicaid Services (CMS) waivers and flexibilities allowed during the PHE, see the CMS Current Emergencies page. Read the Secretary’s most recent official renewal of the PHE. 

UPDATE: 10/2/2020

On October 2, 2020, Secretary Azar renewed the Public Health Emergency (PHE) for another 90 days due to the COVID-19 pandemic. The renewal became effective on October 23, 2020, and will expire on January 20, 2021. This means that federal waiver flexibilities granted since the PHE was initiated will continue. For a complete list of Centers for Medicare & Medicaid Services (CMS) waivers and flexibilities allowed during the PHE, see the CMS Current Emergencies page. Read the Secretary’s most recent official renewal of the PHE. 

7/23/2020

The Secretary of Health & Human Services (HHS) Alex Azar renewed the Public Health Emergency (PHE) as a result of the COVID-19 pandemic. The PHE renewal is effective on July 25, 2020, and will expire on October 23, 2020.

For occupational therapy practitioners this means that federal waiver flexibilities granted to health care providers earlier in the spring may continue until the PHE expires to better serve patient needs and streamline the efficient delivery of health care services during the pandemic. These flexibilities include the allowance to perform telehealth in both outpatient and institutional settings, the ability for occupational therapists to open home health cases and conduct the Start of Care for home health agencies, and granting OTAs the ability to perform maintenance therapy in outpatient settings. Flexibilities granted to other providers, such as hospitals, skilled nursing facilities, home health agencies, and inpatient rehabilitation facilities, will also continue for the duration of the PHE.

Section 319 of the Public Health Service Act grants authority to the HHS Secretary, who may determine that a disease or disorder presents a public health emergency. This is the second renewal of the COVID-19 PHE; the previous renewal was effective April 26, 2020. Read the Secretary’s official renewal of the PHE. 

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