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March 31, 2023
Health Law Weekly

Congress Passes Measure to End COVID-19 National Emergency

  • March 31, 2023

In a bipartisan 68-23 vote, the Senate cleared March 30 a GOP-led resolution (H.J. Res. 7) ending the national emergency for COVID-19 that was put in place more than three years ago.

The measure, which passed the House in February by a 229–197 margin, now heads to the President, who despite continued opposition to the legislation, has indicated he will sign it, according to published reports.

Earlier this year, the White House announced the COVID-19 national and public health emergencies (PHE) would be lifted on May 11. Since then, the administration has been working to wind down flexibilities and other measures put in place under those declarations.

In a statement of administration policy (SAP) issued at that time, the White House said it strongly opposed H. Res. 7 and a separate measure to end the PHE (H.R. 382).

During a March 30 briefing, Press Secretary Karine Jean-Pierre said the administration had not changed its position on the measures, noting the SAP did not specifically indicate President Biden would veto the legislation.

Jean-Pierre also pointed out that H.J. Res. 7 only lifts the national emergency and doesn’t impact Title 42 or COVID authorities, such as for testing and for treatments. “We are in a different place and time than we were in January,” she said. “We’ve been winding down authorities over the last two [months]. And the national emergency lifting just a few weeks before the public health one will not impact our efforts to do so in an orderly way.”

Meanwhile, the Departments of Health and Human Services, Labor, and Treasury issued another series of Frequently Asked Questions on the end of the PHE. The FAQs encourage health plans to continue covering COVID-19 diagnostic testing after the PHE ends.

 

 

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