HHS Tells Governors Public Health Emergency to Last All of 2021

WASHINGTON, D.C. (January 26, 2021)—The Department of Health & Human Services (HHS) has written a letter to all the nation’s governors to inform them that the current public health emergency (PHE), caused by the spread of the novel coronavirus COVID-19, will last all of 2021 and possibly into 2022.

“To assure you of our commitment to the ongoing response, we have determined that the PHE will likely remain in place for the entirety of 2021, and when a decision is made to terminate the declaration or let it expire, HHS will provide states with 60 days’ notice prior to termination,” reads the letter to governors.

“Predictability and stability are important given the foundation and flexibilities offered to states that are tied to the designation of the PHE. Among other things, the PHE determination provides for the ability to streamline and increase the accessibility of health care, such as the practice of telemedicine. It allows under section 1135 of the Social Security Act, in conjunction with a Presidential Declaration under the National Emergencies Act or Stafford Act, the Secretary to waive or modify certain Medicare, Medicaid, Children’s Health Insurance Program (CHIP), and Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule requirements. The goal is to ensure to the maximum extent feasible that, in an emergency area during an emergency period, sufficient health care items and services are available to meet the needs of individuals receiving Medicare, Medicaid, and CHIP and that providers that furnish such items and services can be reimbursed for them and exempt from sanctions, absent fraud or abuse.”

The HHS letter warns governors to expect continued and possibly new use of emergency authorities to combat the virus.

“In light of the PHE extension, you can expect the continued use of other emergency authorities, including Public Readiness and Emergency Preparedness (PREP) Act declarations and emergency use authorizations (EUA) for diagnostics, treatments, and vaccines. The Department will consider the use of any available flexibility to aid states in their response to this PHE.”

—Via NAHC