The Department of Health and Human Services (HHS) on February 13 hosted a stakeholder call to share information about the end of the public health emergency (PHE). On February 11, the HHS Secretary sent a letter to all governors stating that there will be a renewal of the PHE, but this is intended to be the final renewal, which means the PHE will expire May 11, 2023. CMS also sent a roadmap to governors detailing the changes and what remains in place at the end of the PHE. On the call, CMS recognized that COVID is not over for many people and the department remains committed to working with stakeholders.

Key Points:

• Access to free vaccinations, testing, and treatment will not be affected by the end of the PHE.
• CMS process to move these services into the commercial market will happen in late summer into the early fall.
• Access to COVID vaccines, test, and treatments will continue to be covered for both Medicare and Medicaid beneficiaries through September 2024. However, to clarify on the testing, Medicare and Medicaid will cover medically necessary PCR and antigen test for Medicare and Medicaid beneficiaries, ordered by physician or approved clinician. The current free, over-the-counter tests will end with PHE.
• FDA’s emergency use authorization is not going to be affected by the PHE’s end. Authorization over various products will remain and FDA will have the authority for new EUAs when criteria for issuance are met.
• At CDC, there will be changes to reporting of lab results and immunization data. HHS authority to require lab reporting of negative tests will end with the PHE. Additionally, at the state level, vaccine administration data will no longer be required. CDC is working on voluntary data use agreements for both.
• CDC’s Community Transmission Level data will remain in place after May 11^th as it’s determined on data streams not expected to change including hospital admissions and positive tests.
• The Consolidated Appropriations Act extends many telehealth health waivers until December 31, 2024, and CMS also shared that the Medicaid telehealth flexibilities were available prior to and can continue after the PHE ends. CMS is encouraging states to use telehealth moving forward.
• Training flexibility for nursing aides in nursing homes will end with the PHE with four months after to complete required certification training. CMS is aware of the training backlog and is pushing states to consider how to accommodate all the necessary training.
• Long-term care facility testing of residents and staff will expire with the PHE, but reporting of resident and staff infections will not expire, as it was finalized in the Home Health rule in for CY2022.
• CMS is looking to community-based organizations to spread the word and make sure beneficiaries confirm updated contact information and respond quickly to maintain coverage.