Summary
Wynne Health Group (WHG) has compiled a series of charts that delineate a comprehensive set of emergency waivers and flexibilities permitted during the COVID-19 public health emergency (PHE). Under current PHE conditions, the U.S. Department of Health and Human Services (HHS) is authorized under section 1135 of the Social Security Act to waive a range of Medicare and Medicaid requirements as a means for responding to public health emergencies. During this current PHE, HHS has waived several requirements enabling the health care system to respond more swiftly to the evolving pandemic. The U.S. Department of Agriculture (USDA) and U.S. Department of Housing and Urban Development (HUD) have also provided flexibilities to mitigate food insecurity and housing instability, respectively, during the COVID-19 PHE. The expiration for many of these flexibilities, unless specifically addressed by Congress or a federal agency, is tied to the duration of the COVID-19 PHE, which is scheduled to end on May 11, 2023.
In brief, the following charts detail the range of PHE flexibilities currently in place and their end dates, relative to May 11, 2023. We also note flexibilities that have been extended, made permanent, or decoupled from the COVID-19 PHE by the Consolidated Appropriations Act of 2021 (CAA, 2021), Inflation Reduction Act of 2022 (IRA), or the Consolidated Appropriations Act, 2023 (CAA, 2023), such as certain Medicare telehealth flexibilities and Medicaid continuous coverage requirements. We also briefly indicate whether other flexibilities would require legislative or regulatory changes to be made permanent.
Our charts cover the following topics:
- Telehealth Flexibilities
- EUAs/Vaccines
- Provider Flexibilities
- Medicaid
- Medicare Advantage and Part D
- Private Health Insurance
- Nutrition
- Housing