The COVID-19 Federal Public Health Emergency (“PHE”) is scheduled to end on May 11, 2023. With the end of the PHE, a number of the federal and New York state agencies’ regulatory flexibilities put into effect during the PHE will be ending. The phase-out dates vary across agencies, regulations and programs.

Since the flexibilities included, among other things, regulatory enforcement, program requirements and conditions, and funding/eligibility reductions, it is critical to assess what flexibilities will end and when, so providers can continue to meet their respective program requirements and minimize exposure on post-PHE audits and surveys.

The New York State Office for People with Developmental Disabilities (“OPWDD”) has published guidance on the phase-out of the PHE and what portions of OPWDD programs may be impacted. The guidance can be accessed here.

Among the items posted are the following:

• Unwinding Guidance from April 17, 2023, Provider Association Meeting Power Point
• Public Health Emergency Flexibilities Unwinding Policy Table – identifies the issue date, sunset/end date and authority of the various flexibilities implemented. It also details the PHE Guidance and the Post PHE Guidance on the flexibilities cited.
• Care Management Public Health Emergency (PHE) End Date and Policies – April 19, 2023, Memorandum on Care Coordination Organization/Health Home Provider Policy Guidance and Manual Updates
• OPWDD Care Management Remote Technology Service Delivery Policy - April 19, 2023, Memorandum on Telehealth Service Delivery Policy: Care Coordination Organization/Health Home Provider Policy Guidance and Manual Updates
• End of COVID-19 Federal Public Health Emergency and Unwinding Guidance – April 19, 2023, Memorandum

These links are for OPWDD programs only. In planning how to operate in a post-PHE environment, OPWDD providers should consider the COVID-19 Public Health Emergency Unwinding Guidance and other federal and state directives and guidance that may be applicable to their operations.