On October 2, 2020, Secretary Azar of the Department of Health and Human Services (“HHS”) renewed his public health emergency (“PHE”) declaration because of “the continued consequences” of the COVID-19 pandemic.

This renewal will become effective on October 23, 2020 when the previous July 23 renewal was set to expire and will continue to January 21, 2021. The reauthorization of the PHE ensures that providers can continue to rely on the flexibilities granted to them during this pandemic, such as the Section 1135 waiver that permits providers to bill Medicare for telehealth services regardless of the site of service and HHS’ Office of Civil Rights decision to exercise enforcement discretion for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Norton Rose Fulbright attorneys will continue to provide relevant updates on the PHE on the Health Law Pulse.