HHS outlines May 11 end to COVID-19 public health emergency; says vaccines and treatments will remain available

Federal health officials said the COVID-19 public health emergency (PHE) was renewed for 90 days and is planned to expire on May 11, and they outlined how vaccine, testing and treatment access will be transitioned after that date.

The announcement came during a U.S. Department of Health and Human Services (HHS) webinar in which agency officials described a publicly available roadmap and ongoing planning to shift some COVID-19 services from emergency authorities to regular coverage and distribution systems.

The roadmap and a letter from Secretary Becerra to governors state that the present renewal is intended to be the final extension of the PHE. Steve Cha, counselor for the secretary for COVID at HHS, said the department gave 90 days’ notice to governors "to ensure a smooth transition." Cha added, "Access to COVID-19 vaccinations and treatments will generally not be affected." He said the department expects a separate transition of vaccines and therapeutics to the commercial marketplace to take place in "late summer or early fall."

Why it matters: the PHE has been the legal basis for many emergency flexibilities that affected coverage, reporting and provider practice. Federal officials said some emergency authorities will end with the PHE, some will continue for a limited period, and others may be preserved through ordinary regulatory or statutory channels.

Key details provided by agency officials

- Renewal and timing: Cha said the secretary sent governors a letter advising that the PHE would be renewed for 90 days, expiring May 11, and that the administration intends that renewal to be final. The department published a roadmap summarizing what will change and what will not.

- Vaccines, tests and therapeutics: Cha and other officials said federally purchased vaccines and therapeutics will continue to be distributed at no cost through the PHE and on May 12. Officials said distribution and coverage arrangements will shift later in the year; the administration is planning for a transition in late summer or early fall and is coordinating with manufacturers, distributors and insurers to avoid gaps.

- FDA and EUAs: Cha noted that Food and Drug Administration emergency use authorizations (EUAs) remain in effect under the Federal Food, Drug, and Cosmetic Act (section 564). FDA authority to issue EUAs will continue under existing law.

- Surveillance and reporting: Cha and CMS officials said some COVID-19 reporting authorities exercised during the PHE will end when the PHE ends. HHS will no longer be able to require certain lab reporting (for example, negative tests), and vaccine administration reporting will move to voluntary data‑use agreements (DUAs) for many jurisdictions. Hospital reporting tied to CMS conditions of participation will continue through April 30, 2024, though CMS said reporting frequency may be reduced from daily.

- Medicare and Medicare beneficiaries: Jean Moody Williams, deputy director at the Center for Clinical Standards and Quality at CMS, said Medicare coverage of COVID-19 vaccines, testing and treatments without cost-sharing will continue for Medicare beneficiaries through Sept. 30, 2024. She also said several regulatory flexibilities issued as emergency measures will end with the PHE, though some were extended or made available through other statutory action.

- Telehealth and other flexibilities: CMS officials noted that some telehealth flexibilities were extended by the Consolidated Appropriations Act of 2023 into 2024 and that states and plans can adopt additional telehealth benefits; CMS encouraged providers and states to consult CMS resources and roadmaps for specifics.

- Medicaid unwinding and coverage continuity: Hannah Kach, senior advisor in the Office of the Administrator at CMS, summarized that Congress’s Families First Coronavirus Response Act included an enhanced federal matching condition that tied continuous Medicaid enrollment to receipt of the enhanced matching funds. She said Congress set an end date for that continuous enrollment requirement in December 2022, which is separate from the PHE, and that states are beginning to resume regular eligibility redeterminations; some people who are no longer eligible could lose coverage as early as April. Kach urged beneficiaries to ensure their state Medicaid agency has up‑to‑date contact information.

- Behavioral‑health treatment flexibilities: Dr. Ingvild Olson, director of the Center for Substance Abuse Treatment at SAMHSA, said SAMHSA has proposed regulatory changes to incorporate some opioid treatment program flexibilities that were permitted during the PHE. SAMHSA issued guidance to extend a blanket methadone take‑home exception for one year after the PHE’s end (through May 11, 2024) while the agency completes its rulemaking; SAMHSA also proposed allowing initiation of buprenorphine in opioid treatment programs via telehealth and has submitted that change for public comment.

- Other programs and FMAP phase‑down: An official representing the Administration for Children and Families (ACF) discussed the enhanced federal medical assistance percentage (FMAP) that was part of Families First and noted that Congress enacted a separate, gradual phase‑down of the FMAP enhancement through 2023 in appropriations legislation. ACF officials also said certain Head Start and child‑support administrative flexibilities tied to the PHE will unwind when the PHE ends, and they have issued guidance to grantees and tribal agencies.

What will change vs. what will not

Officials repeatedly distinguished three categories: emergency authorities that will end with the PHE; authorities or programs that have been or will be extended by statute or rule (for example, certain telehealth provisions and specified Medicare coverage through dates in 2024); and program elements that HHS expects to continue in some form (for example, FDA’s authority over EUAs and certain CDC surveillance products such as the community levels framework driven by hospital admissions and positive tests).

Questions and next steps

Speakers said HHS and partner agencies will continue stakeholder engagement, technical assistance and public guidance. Cha and other officials said the department will distribute the webinar recording and the published roadmap and hold follow‑up calls as needed. Officials urged states, providers and community organizations to review the HHS and CMS roadmaps and to prepare for Medicaid eligibility redeterminations and other state‑level changes.

Ending

Panelists closed by thanking participants and repeating that the administration intends no immediate interruption in access to vaccines, tests and treatment on May 12, while planning a later transition to standard coverage systems. The webinar recording and the HHS roadmap were made available to attendees and will be distributed to registrants.