Materials Related to Expiration of the Public Health Emergency

May 10, 2023

The Centers for Medicare and Medicaid Services (CMS) released a memorandum providing guidance for the expiration of the COVID-19 Public Health Emergency (PHE).  Many waivers and flexibilities provided during the PHE will expire May 11, 2023, including:

  • Hospital and health system staff vaccination requirements
  • EMTALA waiver allowing for the screening of patients at offsite locations
  • Waivers for discharge planning and patient-specific nursing care plan requirements
  • Flexibilities permitting the provision of care in temporary expansion sites
  • Expanded swing bed authorization for patients not requiring acute care
  • Waiver of the critical access hospital (CAH) 96-hour length of stay requirement
  • Certain CAH personnel qualifications and licensure flexibilities
  • Waiver of certain quality assessment and performance improvement (QAPI) program requirements

A PHE compliance checklist is also provided by PYA, a consulting firm that provides complementary resources for healthcare entities on various topics on its website, including the No Surprises Act, federal price transparency, and other topics.  This checklist may be a helpful guide and notes the varying dates that specific flexibilities end.  Note it is based on the CMS rules and would not reflect any state-specific changes or flexibilities. (Andrew Busz,


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