HHS secretary renews public health emergency

HHS Secretary Xavier Becerra again renewed the COVID-19 public health emergency declaration (PHE declaration), effective April 16. The current PHE will now expire on July 15, 2022.

The HHS Secretary could still end the PHE sooner; however, states and territories will receive 60 days’ notice from HHS prior to the termination of the PHE for COVID-19.

Several state and federal temporary COVID-19 practice authorities are tied to the federal PHE declaration, and when the PHE ends those practice authorities may expire. For example, this could include flexibility for direct supervision requirement and the ability to provide certain telehealth services, refill-too-soon edits, extended days’ supply, home or mail delivery, prior authorization, signature log requirements, and in-person audits.

Many of the temporary authorities, such as COVID-19 testing and immunization, authorized under the federal Public Readiness and Emergency Preparedness (PREP) Act declarations, which is different than the PHE declaration, are set to remain in place until October 2024, but could end earlier if determined by the HHS Secretary.

Pharmacists should ensure state officials are aware of the federal PHE extension to prevent the premature reversal of temporary authorities. Additionally, pharmacists should work with their state pharmacy associations to advance efforts to codify pandemic-related temporary flexibilities, either authorized by the PREP Act or PHE, into state laws and regulations.

Finally, as mentioned above, urge your U.S. Representative to cosponsor H.R. 7213 and ensure patients can receive care and treatment from pharmacists for pandemic- and public health emergency–related services. If enshrined into law, pharmacists will retain their expanded authorities after the PHE ends.