The Future of Healthcare Policy after the Termination of COVID-19 Health Emergencies
According to a recent Statement of Administration Policy submitted to the Rules Committee of the House of Representatives, the Biden Administration has announced plans to terminate the COVID-19 health emergencies on May 11, 2023. The statement was presented in response to two items the committee considers for submission to the full House: The Pandemic is Over Act (H.R. 382) and a resolution relating to a national emergency declared by the President (H.J. Res. 7).
The Biden Administration's policy statement outlines that the plan is to terminate the public health emergency (PHE) declaration that was issued by the Secretary of Health and Human Services in January 2020 and the related national emergency issued by President Trump in March 2020. The PHE declaration has been renewed every three months since January 2020 and has been used to implement various flexibilities for telehealth usage and Medicare and Medicaid payment, among other things.
However, the most recent Statement of Administration Policy indicates that the PHE declaration will be renewed for only an additional 30 days before being terminated, following its renewal on January 11, 2023. It is important to note that some of the flexibilities implemented during the COVID-19 health emergencies have been separated from the PHE declaration by the Consolidated Appropriations Act of 2023. For example, the telehealth flexibilities that removed geographic requirements expanded originating sites, and practitioners eligible for performing telehealth services have been extended until December 31, 2024.
Despite this, the termination of the public health emergency will mean the expiration of various emergency powers and changes to healthcare policy. These include blanket waivers and flexibilities issued by the Centers for Medicare & Medicaid Services, which some witnesses have pointed out as needing additional protection and addressing before the final decision is made to terminate the public health emergency.
Furthermore, the termination of the COVID-19 health emergencies raises the possibility of ending separate but related emergency declarations, such as the PREP Act declaration that allows healthcare providers to employ countermeasures against COVID-19 without fear of liability for any damages those countermeasures may cause. The cancellation of the emergency declaration that has supported the Food and Drug Administration's Emergency Use Authorizations for COVID-19 testing and vaccines is also possible.
It remains to be seen how the termination of the COVID-19 health emergencies will impact healthcare policy and emergency declarations moving forward.
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