Federal Public Health Emergency Declaration Renewed Through January 2021

On October 2nd, United States Secretary of Health and Human Services Alex M. Azar II renewed the public health emergency (PHE) declaration set to expire on October 23rd for 90 days.

A number of crucial COVID-19 response policies are tied directly to the emergency period covered by the PHE declaration. The declaration unlocks critical powers that have helped the administration boost food assistance, telehealth, enabled increased Medicaid funding and allowed cash-strapped local health departments to reassign federally funded personnel to respond to the virus.

Among the current policies extended by the renewal:

  • Emergency allotments (EA) for SNAP. The PHE allows States to request COVID-19 EA “for households participating in the supplemental nutrition assistance program... to address temporary food needs.” Each State must support its request with sufficient data, as determined through FNS guidance. A household’s EA cannot increase the current monthly household SNAP benefit allotment beyond “the applicable maximum monthly allotment for the household size.”

  • The 6.2 percentage point increase in the federal Medicaid matching rate (FMAP). Though this increase is not sufficient to the task of helping states fund their share of Medicaid costs during the current economic downturn, it has provided billions in badly needed fiscal relief to state budgets  If the PHE remains in effect until (at least) January 21, 2021 , the 6.2 percentage point increase will remain available to states through the quarter ending  March 31, 2021.

  • The continuous coverage (MOE) requirement. Under Families First, states accepting the 6.2 percentage point FMAP increase may not terminate the Medicaid eligibility of any individual enrolled in Medicaid as of March 18, 2020 or subsequently.  This maintenance of effort (MOE) requirement has proven crucial to protecting beneficiaries from the loss of Medicaid coverage due to red tape in the midst of the pandemic and the economic downturn. With the renewal, the protections remain in place until at least January 31, 2021.

The renewal will take effect Oct. 23, and the emergency declaration is now scheduled to lapse January 21, 2021.