Federal Public Health Emergency Extended to October 20, 2021

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On July 19, 2021, Secretary Becerra of the U.S. Department of Health and Human Services extended the existing public health emergency for 90 days, until October 20, 2021. Without this extension, the declaration would have expired on July 21, 2021:

As a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic, on this date and after consultation with public health officials as necessary, I, Xavier Becerra, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby renew, effective July 20, 2021, the January 31, 2020, determination by former Secretary Alex M. Azar II, that he previously renewed on April 21, 2020, July 23, 2020, October 2, 2020, and January 7, 2021, and that I renewed on April 15, 2021, that a public health emergency exists and has existed since January 27, 2020, nationwide.

This means that the telehealth and other waivers and flexibilities that have been implemented during the PHE will remain in effect until at least October 20, 2021. The public health emergency will have lasted for almost 21 months by the time it expires, and given the rise of the Delta variant, it could be renewed once more in October.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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