Key Info About the End of the Public Health EmergencyBy NAHC This article compiled with the assistance of our friends at Alston & Bird LLP. You are probably seeing news stories about this bill which the President has said he will sign. This is not the Public Health Emergency (set to end on May 11) since the PHE is designated by HHS and the national emergency declaration must be made by the President, but there are some areas of impact. Here’s our overview on what this is: On March 29, the Senate passed HJ Res 7 (https://www.congress.gov/bill/118th-congress/house-joint-resolution/7/text [congress.gov]), which would terminate the President’s National Emergencies Act declaration regarding the COVID-19 national emergency. President Biden is expected to sign this, despite previously indicating he would end the emergency on May 11. It is important to note that this action will not impact the various waivers and flexibilities implemented pursuant to the HHS Secretary’s COVID-19 public health emergency (PHE) declaration and/or the Stafford Act declaration. The important details are as follows:
As such, terminating the National Emergencies Act declaration alone does not impact the Secretary’s COVID-19 PHE declaration or the Stafford Act declaration, or the flexibilities/waivers implemented pursuant to those declarations. An additional important note is that the 1135 waivers will not be terminated and will remain in place so long as: (1) either the National Emergencies Act or Stafford Act declaration is in place; and (2) the Secretary’s PHE declaration is in place. A CRS Report detailing these three emergency authorities is available here: https://crsreports.congress.gov/product/pdf/R/R46379 [crsreports.congress.gov]. |