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Public Health Emergency to Remain In Place Beyond Current Mid-July End-Date

HHS Reaffirms Commitment to Giving at Least 60 Days’ Notice Before Ending PHE


Source:  AAHomecare Insider 5/25/2022

On May 10, HHS Secretary Xavier Becerra reaffirmed the Agency’s commitment to providing at least 60 days’ advance notice before ending the ongoing COVID-19 Public Health Emergency (PHE).  See Secretary Becerra’s letter to U.S. governors here

Practically speaking, the letter means the current PHE, previously extended to July 16, 2022, will remain in effect beyond that date, as the 60-day advance notice deadline for ending the emergency passed on May 16.  HHS has previously extended the PHE deadline in 90-day intervals from the date of the established deadlines.  If that practice is continued this time around, the PHE would next be extended until mid-October of this year.

As long as the PHE continues, the 75/25 blended rate in non-rural/non-CB areas will remain in effect, along with other policies tied to the status of the PHE, including:

  • NCD/LCD flexibility allowing expanded use of home-based respiratory products/therapy, as well as infusion and anticoagulation devices.
  • Waiver of face-to-face requirements for many products; allows use of telehealth for items that are not included in the waiver such as PMD.
  • 6.2% increase in Medicaid FMAP match (will remain in effect though the end of the quarter the PHE expires).
  • State Medicaid waivers and flexibilities tied to the PHE (states may, however, end flexibilities they have granted at their discretion).

TRICARE reimbursement increases tied to the Medicare rate relief.

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