The federal public health emergency (PHE) related to the COVID-19 pandemic will likely continue into mid-July, according to DHS Assistant Administrator for Benefit and Service Delivery, Curtis Cunningham.

During a meeting of the Wisconsin Long-Term Care Advisory Council on March 8, Cunningham said, “We have pretty good word that it will be extended probably until July sometime.”

The current emergency is set to expire April 16. A 90-day renewal of the determination of the PHE would take the PHE through mid-July.

DHS has also reiterated that they expect HHS to provide states with a 60-day notice of when they plan to terminate the PHE or let it expire, which suggests that the PHE will indeed last longer than the current April 16 expiration date, which is less than 60 days away.

CMS flexibilities via 1135 waivers are tied to the existence of the PHE, and so another renewal of the PHE will result in those programs remaining in place. It is possible, however not likely, that CMS could rescind additional 1135 waivers prior to the termination of the PHE. One of those 1135 waivers allows for the continuation of Wisconsin’s Emergency Nurse Aide and Temporary Nurse Aide programs. Facilities should already be establishing a plan for having Emergency Nurse Aides complete the certification process by sitting for the nurse aide exam. Additionally, providers should have a plan for working with Temporary Nurse Aides to transition them to Emergency Nurse Aides to have a pathway to being included on the registry, or have a plan for enrolling those staff in a traditional CNA training course.