Policy & Regulation News

Hospital Groups Urge HHS to Renew COVID-19 Public Health Emergency

The American Hospital Association and fellow hospital groups cited ongoing staffing shortages and clinician burnout as reasons for HHS to renew the COVID-19 public health emergency.

COVID-19 public health emergency, staffing shortages, healthcare providers

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By Victoria Bailey

- The American Hospital Association (AHA) and eight other hospital groups have urged HHS to renew the COVID-19 public health emergency (PHE), which is currently set to expire on April 15, 2022.

In a letter to HHS Secretary Xavier Becerra, the organizations stressed that hospitals and health systems are still seeing significant volumes of COVID-19 patients and death every day, despite the declining rates of infections and hospitalizations across the country.

Hospital workers continue to face challenges due to staffing shortages, burnout, and supply chain issues, the groups wrote. The lack of clinical guidance regarding long COVID-19 has also increased difficulties for healthcare providers.

Additionally, hospitals and health systems are managing patient care for health needs that were delayed during the pandemic or conditions that developed due to the pandemic, such as depression, substance abuse disorder, and other behavioral health conditions.

The groups told HHS that this heavy ongoing burden constitutes an extension of the public health emergency declaration and the temporary regulatory waivers and flexibilities that came with it.

The PHE introduced a handful of waivers that made it easier for hospitals and health systems to care for patients during the pandemic. The flexibilities waived certain Medicare, Medicaid, CHIP, and HIPAA requirements, including staff licensure requirements for practicing in other states, conditions of participation, and limitations of liability for some providers.

The regulatory waivers also made it easier to promptly discharge patients or transfer them to another care setting. HHS extended telehealth access for Medicare beneficiaries during the pandemic, increasing access to care for patients and allowing providers more flexibility to deliver care.

However, these temporary waivers will expire once the PHE is over.

The additional 6.2 percent in federal matching for state Medicaid programs will also end with the PHE. This helped states cover COVID-19-related costs and provide healthcare coverage to vulnerable populations, the groups wrote.

The letter noted that these vulnerable populations—including children under five who cannot receive the vaccine yet and immunocompromised individuals—are still at risk. In addition, the country is likely to experience another surge as the Omicron subvariant spreads.

“We understand the desire to move on from the pandemic, as illustrated in recent Congressional letters and legislative action, and we too would like a return to focusing on non-pandemic related healthcare in our communities,” the hospital groups wrote.

“Yet it is important to be prepared for potential disruptions to the healthcare delivery system. The PHE allows our members the flexibilities and resources to respond to the COVID-19 virus, while best serving our patients. As we move forward, we urge the administration to work closely with patients, providers, and stakeholders to ensure access to care is preserved.”

HHS has extended the PHE eight times since January 27, 2020, with the most recent renewal in January 2022.

In February, the Federation of American Hospitals (FAH)—a co-signer of the most recent letter—sent a letter to Becerra asking HHS to extend the PHE and the accompanying waivers past April. The organization cited the unpredictable nature of COVID-19, the continuous damage it has caused, and the threat of new variants as reasons to renew the declaration.

Other co-signers included the Association of American Medical Colleges, America’s Essential Hospitals, Catholic Health Association of the United States, Children’s Hospital Association, National Association for Behavioral Healthcare, Premier healthcare alliance, and Vizient.

Hospital groups have been vocal about needing more financial support from Congress as health systems face ongoing pandemic challenges. For example, AHA recently penned a letter to congressional leaders requesting additional Provider Relief Funds and an extension on the Medicare sequester relief.