In the next month, Biden must decide whether to extend the national emergency status, which expires at the end of February. It’s a big decision with both practical and symbolic consequences. The emergency declaration, coupled with the public health emergency pronouncement issued by the Department of Health & Human Services, gives the federal government several critical tools to remove legal barriers and regulatory red tape, including the manufacturing of personal protective equipment by sources not yet completely reviewed by the Food and Drug Administration. It also allows HHS to use funding and authority under the Defense Production Act to improve onshore and near-shore production of vital resources. Additionally, it gives Federal Emergency Management Agency the ability to dispense PPE from the strategic national stockpile.

When it comes to health care providers, the emergency declarations authorize a long list of waivers from federal requirements – including expanding the type of health care professionals who can offer telehealth services billable under Medicare and Medicaid. It also allows hospitals and long-term care facilities to screen patients at locations offsite to prevent the spread of COVID.

The American Hospital Association earlier this month called on the federal government to renew both emergencies to ensure continued support for heavily burdened hospitals.

“The emergency declarations have proven critical in equipping hospitals and health systems with the tools and resources necessary to manage the recent COVID-19 surges and ensure high-quality care in this unprecedented environment,” the AHA wrote. “In their absence, the challenges of the pandemic will be exponentially more difficult to overcome.”