The Centers for Medicare and Medicaid Services (CMS) clarified that the end of the COVID-19 national emergency will not affect current operations at the Department of Health and Human Services or the planned May 11 expiration of the federal public health emergency (PHE).
The Trump administration declared the national emergency in 2020 under the National Emergencies Act (NEA), which is separate from the PHE declaration under the Public Health Service Act. The Biden administration announced in January that both the COVID-19 PHE and the national emergency under the NEA would expire May 11.
Congress on March 29 passed a joint resolution (H.J.Res.7) that would terminate the national emergency. If signed by President Biden, the national emergency will end before May 11. However, CMS indicates that any COVID-19 waivers and flexible policies authorized under its Section 1135 waiver authorization for the pandemic will stay in place until the end of the federal PHE on May 11.
Contact Senior Director of Policy Erin O’Malley at eomalley@essentialhospitals.org or 202.585.0127 with questions.
