Public Health Emergency Ending May 11

Yesterday, the Biden Administration announced its plans to end the Public Health Emergency (PHE). This administration guidance meets the Administration's promise of 60 days' notice of the end of the PHE. Based on the guidance, the PHE will end on May 11, 2023.  
  • The end of the PHE also marks the end of Section 1135 National Blanket Waiver. The two substantive SNF waiver provisions left in Section 1135 are the Medicare fee-for-service 3-Day Stay and Spell of Illness waivers. These waivers technically fall under Section 1812(f) but are tied to the Section 1135 waiver. As of May 11, SNFs may no longer use the 3-Day Waiver or the Spell of Illness waiver. In terms of Medicare Advantage plans, PHE waiver provisions were rolled back in 2022.   
  • Temporary Nurse Aide statewide waivers could be extended by CMS to May 11 if the state requests and there is evidence of need. Currently, the state waivers for 18 states end between March 20 and April 7. 
We are working with AHCA/NCAL to contact the administration to understand the implications, if any, for COVID-19 vaccine and antiviral access and administration. Advocacy efforts will continue to ensure long term care remains a high priority and that burden for reporting is decreased.

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