Skip to content

CMS Waivers, Flexibilities, and the Transition Forward from the COVID-19 Public Health Emergency

Based on current COVID-19 trends, the Department of Health and Human Services is planning for the federal Public Health Emergency for COVID-19 (PHE), declared under Section 319 of the Public Health Service Act, to expire at the end of the day on May 11, 2023.

Per CMS, the emergency declarations, legislative actions by Congress, and regulatory actions across government, including by the Centers for Medicare & Medicaid Services (CMS), allowed for changes to many aspects of health care delivery during the COVID-19 PHE. Health care providers received maximum flexibility to streamline delivery and allow access to care during the PHE. While some of these changes will be permanent or extended due to Congressional action, some waivers and flexibilities will expire, as they were intended to respond to the rapidly evolving pandemic, not to permanently replace standing rules.

CMS has published a fact sheet to help you understand what to expect at the end of the PHE.

The fact sheet by CMS covers the following:

  • COVID-19 vaccines, testing, and treatments
  • Telehealth services
  • Health Care Access: Continuing flexibilities for health care professionals; and
  • Inpatient Hospital Care at Home: Expanded hospital capacity by providing inpatient care in a patient’s home.

Please take the time to read the fact sheet in its entirety to understand the impact of the end of the PHE on certain services.

Want more great content like this? Join Now