HHS Indicates Public Health Emergency Will Likely Continue Through 2021

The U.S. Department of Health and Human Services (HHS) has formally extended the Public Health Emergency (PHE) declaration for another 90 days through April 20, and noted in a letter to Governors that the PHE "will likely remain in place for the entirety of 2021." HHS also indicated that if a decision were made to terminate the declaration or let it expire, HHS would provide states with 60 days' notice prior to termination. All emergency provisions that are in effect during the PHE should, therefore, remain in place throughout 2021 and potentially longer.

Assuming the PHE is extended through at least the end of 2021, occupational therapy professionals would be able to provide services via telehealth to Medicare beneficiaries, and to open Medicare home health cases without interruption this year. Congress has already acted to enable OTs to open home health therapy cases on a permanent basis by enacting the Medicare Home Health Flexibility Act (HR3127/S1725) as part of the year-end Omnibus package; however, the Centers for Medicare & Medicaid Services (CMS) has until January 1, 2022, to issue a rule to put this change into effect. Based on HHS' current guidance, the new OT home health rule will be in effect before the PHE ends, so there will be no gap in time where OTs are temporarily barred from opening Medicare home health therapy cases.

AOTA is also working with Congress to enact legislation that would make permanent the PHE provisions that enable OT professionals to provide services via telehealth to Medicare beneficiaries. In addition, AOTA is supporting efforts to extend other general PHE telehealth provisions related to the home originating site for telehealth visits and payment parity. Contact abopp@aota.org with questions regarding the telehealth or home health PHE provisions.