A short Regulatory Reminder today. As has been the case since the COVID-19 pandemic began in 90 day intervals, the Department of Health and Human Services has once again renewed the determination that a Public Health Emergency (PHE) exists. See the text of the most recent renewal below. This renewal notice is dated October 18, 2021, so the PHE has now been extended through mid January, 2022.
In effect, this means that, until further notice, the waivers that have been in place since early 2020 will remain in place as well. CMS posted a revised document regarding these waivers on September 8th, SE20011, which clarified certain provisions regarding the 3-day stay or QHS waiver and the 100-day or benefit period waiver. See our blog post dated Sept. 10, 2021 for a more thorough discussion of the content of that revised memo.
As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic, on this date and after consultation with public health officials as necessary, I, Xavier Becerra, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby renew, effective October 18, 2021, the January 31, 2020, determination by former Secretary Alex M. Azar II, that he previously renewed on April 21, 2020, July 23, 2020, October 2, 2020, and January 7, 2021, and that I renewed on April 15, 2021 and July 19, 2021, that a public health emergency exists and has existed since January 27, 2020, nationwide.