CMS Guidance on the Expiration of the Public Health Emergency

On May 1, CMS issued guidance regarding the May 11 expiration of the COVID-19 public health emergency (“PHE”). Key takeaways include:

• Social Security Act Section 1135 emergency waivers for health care providers shall end on May 11
• Certain regulations and policies from the Interim Final Rules (“IFCs”) will be modified on May 11
• Long-term, acute and continuing care providers must comply with stated requirements in accordance with specified time frames

With respect to staff vaccination requirements, CMS announced:

“On May 11, 2023, the COVID-19 public health emergency is expected to expire. In light of these developments and comments received on the interim final rule, CMS will soon end the requirement that covered providers and suppliers establish policies and procedures for staff vaccination. CMS will share more details regarding ending this requirement at the anticipated end of the public health emergency. We continue to remind everyone that the strongest protection from COVID‑19 is the vaccine. Therefore, CMS urges everyone to stay up to date with your COVID‑19 vaccine.”

We will continue to monitor further developments with respect to the end of the PHE and keep you updated here.