Hospital Groups Ask HHS to Expand COVID-19 Public Health Emergency

Twelve hospital groups, including the American Hospital Association (AHA), have urged HHS to extend the COVID-19 public health emergency (PHE) an additional 90 days past the current July expiration date.

Other signatories of the letter, which was addressed to HHS Secretary Xavier Becerra, included the American Medical Association (AMA), American Nurses Association (ANA), American Diabetes Association (ADA), and National Alliance on Mental Illness (NAMI).

The groups requested that the department maintain the PHE until the pandemic has fully passed and the accompanying flexibilities and waivers are no longer needed.

Although the rate of COVID-19 hospitalizations is relatively low, the organizations noted that expanding the PHE would help ensure hospitals and health systems are prepared to deal with a potential variant surge in the upcoming months.

Future variants may evade the protection of current vaccines, leading to increased rates of infections and hospitalizations.

The letter acknowledged that many Americans are frustrated with pandemic-related public health measures and healthcare providers are exhausted. But the groups stressed that COVID-19 takes full advantage when people and organizations let their guard down.

“The numerous flexibilities provided under the PHE have allowed for regulatory waivers and flexibilities that have proven vital in safely caring for patients and critical in enabling the country’s healthcare system to quickly adapt and tackle COVID-19 and its variants,” the letter stated.

Regulatory waivers have ensured patient access to COVID-19 tests, treatments, and vaccines due to the Food and Drug Administration’s (FDA) emergency use authorizations and certain CMS policies. If leaders do not extend the PHE, patients may face barriers to accessing these resources.

Additionally, PHE flexibilities have allowed hospitals, health systems, physician offices, and nursing homes to increase their capacity to care for patients, effectively utilize their workforce, and care for both COVID-19 and non-COVID-19 patients, the letter stated. Without a renewal, the ongoing healthcare workforce shortages could threaten patient access to care, the groups added.

PHE waivers also expanded healthcare coverage for many individuals. States will redetermine coverage eligibility once the PHE ends, which could cause millions of Americans to lose access to affordable coverage. In addition to impacting patients, this will create further burdens for healthcare providers who are asked to provide care, the groups wrote.

The Medical Group Management Association (MGMA) recently penned a separate letter to Becerra with similar requests to renew the PHE.

The organization expressed gratitude that Congress expanded the Medicare telehealth waivers to be available for 151 days after the PHE expires but noted that this extension does not address telehealth payment parity, interstate licensure, or HIPAA compliant platforms.

Renewing the PHE would allow healthcare providers to continue to benefit from these telehealth waivers as facilities face workforce shortages.

In addition, the MGMA letter voiced concern about the 60-day notice that HHS promised to give before ending the PHE. MGMA said that 60 days would not be enough time to dissolve flexibilities that have been in effect for more than two years.

“Before the COVID-19 PHE ends, we encourage the Administration to carefully evaluate best practices for ending these waivers and solicit stakeholder input where necessary as to avoid unintended consequences that could affect access to care,” MGMA wrote.

If HHS decides not to extend the PHE past July 16, 2022, the department would have to announce the decision on May 16 to adhere to the 60-day advance notice.