COVID-19 public health emergency extended into January 2023

The Biden administration extended the COVID-19 public health emergency through Jan. 11, 2023, marking three years since the emergency was first declared in January 2020.

Officials are bracing for a possible COVID-19 surge over the winter. The U.S. continues to see more than 300 people dying of COVID-19 every day, according to the Centers for Disease Control and Prevention, although daily deaths and case rates have been falling in recent months.

The public health emergency declaration gave the federal government the flexibility to waive or modify certain requirements in a number of areas, including Medicare, Medicaid, CHIP and private health insurance. In addition, Congress enacted legislation – The Families First Coronavirus Response Act and The Coronavirus Aid, Relief, and Economic Security Act – that provided additional flexibilities tied to the public health emergency. Those flexibilities end when the public health emergency ends.

According to an analysis by the Kaiser Family Foundation, an estimated 5.3 million to 14.2 million could lose their Medicaid coverage when the COVID-19 public health emergency ends. This loss of Medicaid coverage has been called “the great unwinding” and could take as long as a year to complete.

Under the public health emergency declaration, more Americans became eligible for Medicaid. In addition, states were required to provide continuous coverage for those who were enrolled in Medicaid on or after March 18, 2020.

Health and Human Services Secretary Xavier Becerra told reporters in a call last week he would give 60 days’ notice to states, health-care providers and other stakeholders before lifting the public health emergency. This means HHS should inform them in November if the agency plans to lift the emergency in January.