The official end of the. Federal Public Health Emergency has been set for May 11, 2023. This indicates when the Federal funding for Covid testing, and vaccinations. From this point forward these tests will be reimbursed by the patient's payer.
While the Federal PHE is ending there may still be local or regional outbreaks of COVID, This is important to remember. There still may be periods when emergency departments, practices, schools and businesses could be affected. It may be necessary for local agencies and state public health authorities to declare local emergencies. The lack of a federal mandate does not preclude local agencies from taking action.
It is assumed the CDC will continue to monitor local reports. However, from past experience, the CDC has not been reliable. There have been other reliable sources such as JHU. JHU ceased collecting information as of March 23, 2023 This is unfortunate. The JHU interactive mapping allowed users to drill down to local levels very much like Google Maps.
The overwhelmingly positive response to our recent webinar, Navigating Telehealth Legislative and Policy Changes Beyond the Public Health Emergency, resulted in many questions left in chat we were unable to address. Below, I present those questions, with answers I hope to get to the heart of current areas we recognize as important areas for the future of virtual care in Arizona, the Southwest, and throughout the country.
Notifications of Enforcement Discretion expire at 11:59 pm on May 11, 2023
In 2020 and 2021, OCR published four Notifications of Enforcement Discretion in the Federal Register regarding how the Privacy, Security, Breach Notification, and Enforcement Rules (“HIPAA Rules”) would be applied to certain violations during the COVID-19 nationwide public health emergency. These Notifications and the effective beginning and end dates are:
Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites During the COVID-19 Nationwide Public Health Emergency - PDF, effective from March 13, 2020, to 11:59 pm May 11, 2023.
Enforcement Discretion for Telehealth Remote Communications During the COVID–19 Nationwide Public Health Emergency - PDF (“Telehealth Notification”), effective from March 17, 2020, to 11:59 pm May 11, 2023.
Enforcement Discretion Under HIPAA To Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19 - PDF, effective from April 7, 2020, to 11:59 pm May 11, 2023.
Enforcement Discretion Regarding Online or Web-Based Scheduling Applications for the Scheduling of Individual Appointments for COVID-19 Vaccination During the COVID-19 Nationwide Public Health Emergency - PDF, effective from December 11, 2020, to 11:59 pm May 11, 2023.
Some of these waivers go beyond the pale and are focused on telehealth for temporary screening sites.
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