The COVID Public Health Emergency will be extended yet again.
In my October 25 blog post, I suggested that the Biden Administration would move forward with ending the COVID Public Health Emergency (PHE) as of mid-January 2023. I noted that we would know – one way or another – whether the PHE was indeed ending sometime in mid-November. That’s because U.S. Department of Health and Human Services (HHS) promised States that the Department would inform them – 60 days in advance – if and when the PHE was ending.
I speculated that States would likely hear from HHS about the decision to end the PHE come mid-November because the “politics” and the “rhetoric” that would flow from the end of the PHE would no longer be a threat because the election would be over.
Well, mid-November came and went, and guess what?! NO notification from HHS. This means two things:
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First, I was wrong. The PHE will NOT be ending mid-January 2023.
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Second, the PHE will remain in effect for about another five months, until at least mid-April 2023.
The Significance of Extending the PHE Yet Again
I suppose the significance of extending the PHE yet again is not so significant, considering the fact that the PHE is a bit of “old hat” these days. What I mean is, the PHE has been in effect for almost three years now (the PHE was first announced in January 2020), so all of us are pretty much used to all the health care policies that are attached to the PHE.
Actually, because we are all so used to the health care policies attached to the PHE, it’s going to be a pretty big shock to our health care system once they go away. And everyone knows it. That’s why everyone – including me – has been talking about the PHE and what it will mean once the PHE finally ends.
At least for now, we can all stop talking about the end of the PHE. Why? Because the PHE is not going anywhere any time soon.
However, don’t be surprised to see the new House Republican majority approve a resolution calling for the end of the PHE when the new Congress convenes in January 2023. That resolution will not go anywhere in a Democratic Senate, leaving it up to the Biden Administration to decide if and when the PHE will finally end…whenever that may be (psssttttt, I’m going with mid-April 2023…but as you know, I’ve been wrong before!).
Last comment on the PHE: It is important to remember that if and when the PHE ends, employer-sponsored and individual market plans will no longer be required to pay for COVID tests and related medical services during a “visit” to take a COVID test. This means that participants/policyholders will have to pay for any out-of-pocket expenses associated with the test and related services. Note, COVID vaccines are now considered “preventive services,” and therefore, plans must still provide free coverage for vaccines irrespective of the end of the PHE.
Remember, the COVID National Emergency is NOT the Same as the COVID PHE
As I also explained in my October 25 blog post, the COVID National Emergency is different from the COVID PHE. Importantly, the COVID National Emergency does NOT run on a 90-day period like the PHE. Rather, the National Emergency runs on a 12-month period, which started back on March 1, 2022. This means that the National Emergency is scheduled to last through February 28, 2023, effectively ending March 1, 2023 (not mid-April 2023, when I am suggesting that the PHE might end).
So, an important question is this: If the PHE does indeed end mid-April 2023 (which many are expecting), will President Biden allow the National Emergency to end March 1, 2023?
I am going to go out-on-a-limb and say this: Although the National Emergency runs on a 12-month period, the President is permitted to end the National Emergency BEFORE the one-year anniversary. With this in mind, I could very well see President Biden extending the National Emergency past March 1, 2023 – through February 28, 2024 – but subsequently declaring the END of the National Emergency mid-April 2023 when the PHE ends.
This makes some sense from a consistency perspective. That is, to alleviate any confusion over which emergency actually ended, why not just end BOTH the National Emergency AND the PHE on the same date?
Having said that though, it may be advisable to end these respective emergencies on a staggered basis to minimize any significant shocks to the health care system (because as stated, we have grown so accustomed to the PHE – and also the National Emergency – and ultimately ending either emergency will be a big deal). Under this line of thinking, the National Emergency would run its course through February 28, 2023, effectively ending March 1, 2023.
HIPAA and COBRA Deadlines
Note, regardless of whether the National Emergency ENDS on March 1, 2023 – or if the National Emergency ENDS mid-April 2023 – the extended HIPAA and COBRA deadlines that are tied to the National Emergency are scheduled to END 60 days AFTER the END of the National Emergency (unless the employer-sponsor voluntarily extends these deadlines further, which is permissible).
Stay tuned as we continue to track the end of the COVID PHE, as well as the COVID National Emergency.
Key Takeaways:
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The COVID Public Health Emergency (PHE) will last through at least mid-April 2023, which means we have about five months of PHE status quo.
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If and when the COVID PHE ends, employer-sponsored and individual market plans will no longer be required to provide free coverage for COVID tests and related medical services during a “visit” to take a COVID test.
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Note, free coverage for COVID vaccines will continue post-PHE if the vaccines are considered “preventive.”
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The extended HIPAA and COBRA deadlines are scheduled to end 60 days AFTER the end of the COVID National Emergency. The National Emergency is currently scheduled to end on March 1, 2023, but it may be extended to end on the same date the PHE will ultimately end (possibly mid-April 2023).
