The COVID-19 Public Health Emergency (PHE) to end on May 11, 2023
From the Ohio Council for Home Care & Hospice, 5/3/23
The COVID-19 Public Health Emergency (PHE) which began in early 2020 will come to an end on May 11, 2023. Throughout the PHE various waivers, regulations, enforcement discretion, and sub-regulatory guidance were utilized to ensure access to care and give health care providers the flexibilities needed to respond to the PHE. Some of these flexibilities became permanent over the years, some have been extended and some will end after May 11.
The Centers for Medicare & Medicaid Services (CMS) has developed a Roadmap for the end of the PHE and recently released a memo with additional details to help guide providers towards returning to previous health and safety standards and billing practices. The memo provided additional information about emergency preparedness requirements as well as updates to areas where CMS will use its discretion in determining compliance.
Per the QSO 23-23-ALL memo CMS states it will soon end the requirement that covered providers and suppliers establish policies and procedures for staff vaccination. CMS will share more details regarding ending this requirement at the anticipated end of the public health emergency. CMS added a reminder that the strongest protection from COVID-19 is the vaccine. Therefore, CMS urges everyone to stay up to date with your COVID-19 vaccine.
Of particular concern to hospices is the waiver related to the hospice volunteer 5% level of activity. CMS cannot continue this waiver beyond the end of the PHE, however, it has indicated in the most recent guidance that it is anticipated that hospice volunteer availability and use may still be reduced. Therefore, it is expected that hospices will work towards full compliance with the 5% level of activity requirement. Hospices not meeting this requirement should document all attempts to recruit and retain volunteers, and it is expected that CMS surveyors will be able to use their discretion to determine a hospice’s compliance.