The COVID-19 PHE is Ending on May 11, 2023 (No NEW COVID-19 PHE Waiver Requests)

Throughout the COVID-19 public health emergency (PHE), CMS has used a combination of emergency authority waivers, regulations, enforcement discretion, and sub-regulatory guidance to ensure access to care and give health care providers the flexibilities needed to respond to COVID-19 and help keep people safer. Many of these waivers and broad flexibilities will terminate at the eventual end of the PHE, as they were intended to address the acute and extraordinary circumstances of a rapidly evolving pandemic and not replace existing requirements. To minimize any disruptions, including potential coverage losses, following the end of the PHE, HHS Secretary Becerra committed to giving states and the health care community writ large 90 days' notice before ending the PHE. He issued that notice on February 11, 2023. The President recently ended the National Emergency for COVID-19 on April 10, 2023.  As a result, CMS is no longer accepting NEW 1135 waiver requests for the pandemic.

CMS has encouraged health care providers to prepare for the end of these flexibilities as soon as possible and to begin reestablishing previous health and safety standards and billing practices. Our fact sheets outline which blanket waivers and flexibilities will terminate at the end of the PHE, by provider type (Please find the fact sheets at https://www.cms.gov/coronavirus-waivers). If you have any questions related to 1135 Waiver Requests for the pandemic, please feel free to submit them via the inquiry portion of the 1135 web portal (Choose ‘Original Medicare (Part A and B)’ as your INQUIRY TOPIC and then choose ‘End of COVID-19 PHE: 1135 Waiver Question' as your INQUIRY TYPE).