On May 9, 2023, HHS released a fact sheet announcing the expiration of the COVID-19 Public Health Emergency (PHE) on May 11, 2023. HHS also provided information on changes to the healthcare flexibilities issued during the pandemic. On May 10, 2023, HHS issued a letter to U.S. governors announcing the same.

In the fact sheet, HHS outlined a list of public health provisions that will remain unaffected and those that will be impacted by the end of the PHE.

Below are the healthcare flexibilities and actions that will not be affected after May 11, 2023:

• Access to COVID-19 vaccinations and certain treatments will generally be unaffected. HHS remains committed to providing COVID-19 vaccines at no cost and providing access to certain treatments, like Paxlovid and Lagevrio. However, payment, coverage, and access may change once the federal government is no longer purchasing or distributing COVID-19 vaccines and treatments. HHS is partnering with the U.S. government to develop a smooth transition.
• The FDA’s ability to exercise emergency use authorizations (EUAs) for COVID-19 products, including tests, vaccines, and treatments, will not be affected.
• Most of the telehealth flexibilities that people with Medicare rely on will remain in place through December 2024.
• HHS’s whole-of-government response to the long-term effects of COVID-19 will not change.

Below are the public health flexibilities and policies that will be affected by the expiration of the PHE:

• Many of the Medicare and Medicaid waivers and flexibilities will no longer be necessary.
• Coverage for COVID-19 testing will change. However, the U.S. government is securing a stockpile of distribution channels to allow access to tests at no cost in certain communities. Further, the requirement for private insurance carriers to cover COVID-19 tests will also end, but coverage may continue if plans choose to do so.
• Certain COVID-19 data reporting and surveillance will change. HHS will no longer have the authority to require reporting data from labs. However, hospitals will be required to report data to CMS until April 30, 2024.
• FDA’s ability to detect medical product shortages will be more limited, and it is seeking congressional authorization to extend the requirement for medical device manufacturers to notify FDA of any interruptions or discontinuances of critical devices to allow FDA the ability to prevent or mitigate device shortages.
• The HHS Secretary announced his intent to amend the Public Readiness and Emergency Preparedness (PREP) Act declaration to extend certain protections that will continue to facilitate access to convenient and timely COVID-19 vaccines, tests, and treatments.

The fact sheet can be found here. The HHS letter to U.S. governors can be found here.