January 18, 2022
On January 14, 2022, Secretary Becerra of the U.S. Department of Health and Human Services extended the existing public health emergency for 90 days, until April 16, 2022. Without this extension, the declaration would have expired on January 16, 2022:
As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic, on this date and after consultation with public health officials as necessary, I, Xavier Becerra, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby renew, effective January 16, 2022, the January 31, 2020, determination by former Secretary Alex M. Azar II, that he previously renewed on April 21, 2020, July 23, 2020, October 2, 2020, and January 7, 2021, and that I renewed on April 15, 2021, July 20, 2021, and October 18, 2021 that a public health emergency exists and has existed since January 27, 2020, nationwide.
This means that the telehealth and other waivers and flexibilities that have been implemented during the PHE will remain in effect until at least April 16, 2022.
The current public health emergency will have lasted for over two years by the time it expires, and given the rise of the Omicron variant, it could be renewed once more in April.
Foley Hoag has formed a firm-wide, multi-disciplinary task force dedicated to client matters related to COVID-19. For more guidance on your COVID-19 issues, visit our COVID-19 Trending Solutions Page or contact your Foley Hoag attorney.