Health Care Alert: Public Health Emergency ending May 11, 2023
/The Biden Administration announced that the Public Health Emergency (PHE) will be ending on May 11, 2023. The decision to end the PHE will impact a number of health measures that were put into place during the pandemic. The end of these measures will directly impact skilled nursing facilities (SNF). Following is a summary of a few of the relevant provisions:
The end of the PHE will end the Section 1135 National Blanket Waiver.
As of May 11, 2023, SNFs may no longer use the 3-Day Stay or Spell of Illness Waiver (per section 1899(f) and 1861(i) of the Social Security Act) to waive the requirement for a qualifying 3-day inpatient hospital stay prior to Medicare-covered services.
It is important that SNFs (along with their referring hospitals) prepare to return to the previous requirements (i.e. 3-day hospital stay required to qualify for SNF services under the Medicare Part A benefit).
The enhanced 6.2% Medicaid FMAP (Federal Medical Assistance Percentage) will not be affected by the May 11, 2023 deadline. Instead, there will be a year-long phase-down schedule for the FMAP, as noted in the table below. The major impact of this phase-down will be to the state budget, as this will adjust the state’s access to federal funds.
The American Health Care Association (AHCA/NCAL) is requesting an end to COVID notifications and reporting requirements.
AHCA/NCAL is also requesting clarification around COVID-19 vaccine and antiviral access. Efforts will continue to ensure long-term care remains a high priority and the administratively burdensome reporting is decreased.
For more information or assistance, contact your MSL representative who will be happy to assist your organization. Please contact us at 1-800- 683-5401.
