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.

Please contact attorney Matthew D. Babcock at mbabcock@harrisbeach.com if you would like to engage Harris Beach to provide advice on OPWDD’s guidance.

This alert is not a substitute for advice of counsel on specific legal issues.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as Washington D.C., New Haven, Connecticut and Newark, New Jersey.