Public Health Emergency Set to End in May

Last week, President Biden announced he would seek to end the public health emergency (PHE) declaration on May 11, 2023. The Biden Administration previously stated that it would give states a 60-day notice before the PHE expires. The PHE was initially declared by the secretary of the Department of Health and Human Services (HHS) in late January 2020, pursuant to Section 319 of the Public Health Service Act. A PHE lasts for 90 days and must be renewed to continue; the PHE for COVID-19 has been renewed several times, most recently in January 2023.

Please note that telehealth waivers have been extended until December 31, 2024, regardless of the PHE status, through the passage of the Omnibus Consolidated Appropriations Act of 2023.