On January 11, U.S. Secretary of Health and Human Services (HHS) Xavier Becerra officially renewed the public health emergency (PHE) for another 90 days due to the COVID-19 pandemic. As required by law, the declaration can only be extended for 90 days at a time, and this marks the twelfth renewal of the PHE since it was first declared in January 2020. The renewal became effective on January 11 and will expire on April 11.
By extending the PHE, Secretary Becerra renewed several flexibilities that the states and healthcare providers have relied upon in response to the pandemic, including Medicare telehealth service waivers. While these waivers remained tied to the PHE, legislation passed in 2022 provides for a five-month extension for Medicare telehealth flexibilities when the PHE does eventually end. Additionally, the omnibus spending law signed into law in December included a provision extending those same Medicare telehealth policies through the end of 2024, regardless of when the emergency declaration ends.
What does this mean for providers and patients?
The PHE extension and omnibus legislation guarantees that for at least the next two years:
- Patient geographic and physical location waivers will apply, extending reimbursement for telehealth services provided to Medicare beneficiaries, regardless of the physical location of the provider and patient
- Federally qualified health centers (FQHCs) will still be able to offer telehealth services to Medicare beneficiaries
- Audio-only (telephone) visits will still be covered by Medicare
- Payment parity between in-person and virtual visits will continue for Medicare beneficiaries
Another important policy included in the December 2022 omnibus spending law established an April 2023 end date for Medicaid continuous enrollment policies previously tied to the PHE. For the Biden Administration, this essentially removes a roadblock to ending the PHE declaration.
See here for more details and review this article for updated guidance regarding the planned end of the public health emergency on May 11, 2023.