April 03, 2023

End of PHE vs. End of National Emergency

Centers for Medicare & Medicaid Services (CMS) has clarified in writing that the end of the National Emergency and the end of the Public Health Emergency (PHE) are two different things, and that some flexibilities continue through May 11.

On March 31, CMS published an explanation of the โ€œPotential Impact of House Joint Resolution 7โ€ to explain the difference between HJR 7 and the upcoming May 11 end of the Public Health Emergency. The document explains that even if the COVID-19 National Emergency were to end, “any existing waivers currently in effect and authorized under the 1135 waiver authorization for the pandemic would remain in place until the end of the federal PHE for COVID-19.โ€

Simply put, the waivers will end but the date to end them does not change.