Coronavirus (COVID-19) and Expiration of the Public Health Emergency


Summary

The COVID-19 Public Health Emergency (PHE) expires on May 11, 2023. Nonetheless, COVID-19 remains a highly contagious and dangerous virus. During the PHE, the Centers for Medicare & Medicaid Services (CMS) granted healthcare providers great flexibility in how they delivered care to patients, and how patients could access that care. But CMS did not intend for its modifications—including exceptions and waivers to existing laws—to be permanent; rather, those changes were meant only to be temporary to respond to the evolving COVID-19 pandemic. Because COVID-19 remains a risk, Congress has extended, revised, or made permanent certain changes adopted during the PHE. Others, however, will expire on May 11, 2023. Healthcare providers and health law attorneys should be aware of how the end of the PHE will affect healthcare delivery. This article explores several actions the federal government took during the PHE and how they will change after the PHE ends.