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COVID-19 U.S. National Emergency

Biden ends COVID national emergency after Congress acts
April 11, 2023 | NPR

The U.S. national emergency to respond to the COVID-19 pandemic ended Monday April 10th, as President Joe Biden signed a bipartisan congressional resolution to bring it to a close after three years -- weeks before it was set to expire on May 11, 2023 alongside a separate public health emergency.

The national emergency allowed the government to take sweeping steps to respond to the virus and support the country's economic, health and welfare systems. Some of the emergency measures have already been successfully wound-down, while others are still being phased out. The public health emergency — it underpins tough immigration restrictions at the U.S.-Mexico border — is set to expire on May 11.

The White House issued a one-line statement Monday saying Biden had signed the measure behind closed doors, after having publicly opposed the resolution though not to the point of issuing a veto. More than 197 Democrats in the House voted against it when the GOP-controlled chamber passed it in February. Last month, as the measure passed the Senate by a 68-23 vote, Biden let lawmakers know he would sign it.

The administration said once it became clear that Congress was moving to speed up the end of the national emergency it worked to expedite agency preparations for a return to normal procedures. Among the changes:

  • The Department of Housing and Urban Development's COVID-19 mortgage forbearance program is set to end at the end of May
  • The Department of Veterans Affairs is now returning to a requirement for in-home visits to determine eligibility for caregiver assistance

Legislators last year did extend for another two years telehealth flexibilities that were introduced as COVID-19 hit, leading health care systems around the country to regularly deliver care by smartphone or computer.

More than 1.13 million people in the U.S. have died from COVID-19 over the last three years, according to the Centers for Disease Control and Prevention, including 1,773 people in the week ending April 5.

Then-President Donald Trump's Health and Human Services Secretary Alex Azar first declared a public health emergency on Jan. 31, 2020, and Trump declared the COVID-19 pandemic a national emergency that March. The emergencies have been repeatedly extended by Biden since he took office in January 2021, and he broadened the use of emergency powers after entering the White House.

COVID-19 Public Health Emergency Transition

COVID-19 Public Health Emergency Transition Roadmap

HHS: FOR IMMEDIATE RELEASE

Based on current COVID-19 trends, the Department of Health and Human Services (HHS) is planning for the federal Public Health Emergency (PHE) for COVID-19, declared under Section 319 of the Public Health Service (PHS) Act, to expire at the end of the day on May 11, 2023.

Our response to the spread of SARS-CoV-2, the virus that causes COVID-19, remains a public health priority, but thanks to the Administration’s whole of government approach to combatting the virus, we are in a better place in our response than we were three years ago, and we can transition away from the emergency phase.

 
What Will Not Be Affected
  • Access to COVID-19 vaccinations and certain treatments
  • Emergency Use Authorizations (EUA) for COVID-19 products (tests, vaccines, treatments, etc.)
  • Major Medicare telehealth flexibilities
  • Medicaid telehealth flexibilities
  • Medicaid eligibility redetermination processes
  • Access to buprenorphine for opioid treatment programs
  • Access to expanded methadone take-home doses for opioid treatment disorder
 
What Will Be Affected
  • Certain Medicare and Medicaid waivers and broad flexibilities for health care providers
  • Coverage for COVID-19 testing
  • Reporting of COVID-19 laboratory results and immunization data to the CDC
  • Certain FDA COVID-19 related guidance for industry that affects clinical practice
  • FDA's ability to detect early shortages of critical devices related to COVID-19
  • Public Readiness and Emergency Preparedness (PREP) Act liability protections
  • Ability of health care providers to dispense controlled substances through telemedicine without in-person interaction