And Again: PHE Continues After 90-Day Renewal Issued

By A.J. Plunkett

The COVID-19 public health emergency (PHE) is now extended. Secretary of Health and Human Services Xavier Becerra issued the renewal on January 11. The typically 90-day extension would then last through April 11, 2023.

PHE declarations last “for the duration of the emergency or 90 days, but may be extended by the Secretary. Congress must be notified of the declaration within 48 hours, and relevant agencies, including the Department of Homeland Security, Department of Justice, and Federal Bureau of Investigation, must be kept informed.”

HHS has said it would give states at least 60 days’ notice before ending the COVID PHE, which was first declared in January 2020.

Consultants have advised hospitals to start winding down reliance on COVID-related 1135 waivers that provide some compliance flexibilities to help providers manage the flux of patients.

Hospitals are dealing with a new variant of COVID-19 and are said to be facing a so-called “tripledemic:” COVID-19, influenza and respiratory syncytial virus (RSV). RSV is particularly concerning since it seems to be hitting children the hardest.