Public Health

Page Updated: Oct. 10, 2024

CHA Advocacy Principle: Support planning for future public health emergencies and leverage lessons learned during the COVID-19 pandemic.

What Has Been Completed:

Origin: On May 11, 2023, the COVID-19 public health emergency (PHE) expired. The formal PHE declaration includes numerous regulatory flexibilities to support hospital capacity.

Background: The PHE was first declared in January 2020. Both state and federal agencies released guidance regarding the wind-down of the PHE.

Public Health Orders: All public health orders have been terminated but some requirements have been made permanent through rulemaking. Hospitals are still required to maintain an infectious disease mitigation, vaccine, and treatment plan as well as report hospital bed capacity data to state and federal partners. Additionally, on May 31, 2023, CMS released a final rule that rescinds the health care worker vaccine mandate. Additional information can be found in CHA’s June 2023 Regulatory Update. 

Telehealth: CHA successfully advocated to include an extension of pandemic-era telehealth flexibilities in the 2023 federal spending bill. Subsequently, core telehealth flexibilities will extend through December 2024. HHS has a list of permanent Medicare changes, changes authorized through December 2024, and temporary changes. 

Outstanding Items: 

Beginning on November 1, 2024, CMS will require the following facility types to electronically report information via NHSN about COVID-19, influenza, and RSV: 

• Acute Care Hospitals 
• Long-term Acute Care Hospitals 
• Critical Access Hospitals 
• Cancer Hospitals (PPS Exempt Cancer Hospitals) 
• Children’s Hospitals 
• Freestanding rehabilitation facilities 
• Freestanding psychiatric facilities 
• CMS-certified rehabilitation units (IRU within a hospital) 
• CMS-certified psychiatric units (IPU within a hospital 
• Indian Health Services Hospitals (also Tribal Hospitals if they are Medicare participating) 
• Hospital Respiratory Data reporting will replace Hospital Respiratory Pathogen, Bed Capacity, and Supply Data (i.e., “Hospital COVID-19 Data”). The process for reporting will remain the same. For more information, visit the NHSN resources pages. 

CDPHE is working with a stakeholder group on draft regulations implementing two bills that require hospitals to have policies protecting the rights of a patient giving birth during the perinatal period. The most recent draft of the regulations can be found here. CDPHE is considering applying these regulations to all hospitals, rather than just those that have labor and delivery units. Receive updates by signing up for the stakeholder list here. 

Resources: 

• • Executive Brief on the End of the PHE
  • AHA Resources on the end of the PHE
  • CMS Resources on the end of the PHE
  • CHA’s Emergency Preparedness Regulatory Compliance Page
  • CMS Coronavirus Flexibility Waivers
  • CMS PHE Inquiry Training
  • CDPHE’s Public Health Order Page 

Meetings/Dates of Note:

CHA Staff Contact: Megan Axelrod, CHA senior director, regulatory policy and federal affairs, [email protected].