On July 19, 2021, the U.S. Department of Health and Human Services (HHS) extended the federal COVID-19 public health emergency (PHE) for an additional 90 days. The new expiration date for the federal PHE is now set for October 18, 2021. Currently, it is expected that HHS will continue to renew its declaration of the PHE every 90 days through the end of 2021, and will provide 60 days’ notice prior to ending it.
As noted in previous AHCA/NCAL communications, as long as the PHE is in place, the Centers for Medicare and Medicaid Services (CMS) may retain its 1135 waivers. However, CMS could decide to phase out other waivers prior to the end of the PHE if it determines they are no longer needed. CMS will continue to monitor the emergency blanket waivers and may provide future updates. You can access more information regarding the current federal waivers (including the three-day stay and nurse aide waiver) that remain in place here.