Regulatory Update (02.02.2023) - COVID-19 Public Health Emergency Set to End on May 11, 2023

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On January 30th, President Biden announced plans to end the COVID-19 national emergency and public health emergency (PHE), effective May 11, 2023. After multiple extensions, the national emergency was previously set to end on March 1st and the PHE on April 11th of this year. The May 11th end date aligns with the Administration's commitment to give at least 60 days’ notice prior to termination of the PHE.

Throughout the course of the national emergency and PHE that began in early 2020, several waivers and flexibilities were provided by the national and state governments to help support health care providers and facilitate access to care. Over the course of the PHE, especially within the last year, some of those waivers and flexibilities ended. With the May 11th end date, it is expected that most other waivers and flexibilities will be winding down as well.

The COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers document provides a summary and history of waivers granted by the Centers for Medicare and Medicaid Services (CMS). Due to variability from state to state, it will be important for providers to monitor state-specific waiver and flexibility updates.

Below is a summary of some key areas of expected impact for Powerback and its business partners:

CMS Nursing Home Waivers	It is expected that the following waivers will end with the end of the PHE: The waiver of the three-day prior hospitalization requirement for Medicare Part A coverage The waiver of spell of illness rules that require a period of 60 consecutive days of non-skilled care for a renewed Medicare Part A benefit period The Pre-Admission Screening and Annual Resident Review (PASARR) waiver allows nursing homes to admit new residents who have not received Level one or Level two Preadmission Screening The waiver of a facility’s requirements to provide for a resident to share a room with his or her roommate of choice in certain circumstances and to provide for a resident’s refusal of a transfer to another room in the facility. (The waiver of a facility’s responsibility to provide notice and rationale for changing a resident’s room was ended on 05/10/2021.) The waiver that allowed a long-term care (LTC) facility to transfer or discharge a resident to another LTC facility solely for the purpose of cohorting residents with and without COVID-19 symptoms Additionally, the extension of waivers by CMS in several states that have allowed facilities to employ temporary nurse aides for more than four months without certified nurse aide training is expected to end on or before the end of the PHE.
Telehealth Services Flexibilities	During the PHE, flexibilities allowed for rehabilitation therapy practitioners to provide services to Medicare beneficiaries through the use of telehealth. The recently enacted Consolidated Appropriations Act of 2023 has extended that flexibility through December 31, 2024. Many Medicaid and Managed Medicare plans, as well as commercial and other payers have also covered telehealth services provided by rehabilitation therapy practitioners during the PHE. It will be important for providers to verify coverage going forward, as continued coverage by these payers may vary.
CMS Home Health Services Waivers and Flexibilities	It is expected that the extended timeframes for completion of the comprehensive assessment and for Outcome and Assessment Information Set (OASIS) submission will be discontinued and return to a 5-day completion requirement for the comprehensive assessment and a 30-day OASIS submission requirement.
CMS Hospice Services Waivers	It is expected that the waiver of the requirement for hospices to provide certain non-core services, such as physical therapy, occupational therapy, and speech-language pathology, will end with the end of the PHE.

Additional Related Resources

If you have questions or need additional information, please contact the Powerback Rehabilitation and Powerback Respiratory email inquiry system at askregulatory@powerbackrehab.com.

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Regulatory Update (02.02.2023) - COVID-19 Public Health Emergency Set to End on May 11, 2023

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