The article below is a top story from this week's ACTION newsletter—Care Providers of Minnesota's weekly newsletter for members. The newsletter focuses on current legislative issues, regulations, long-term care trends, and other Association news. Each Thursday evening, it is delivered to your inbox. To sign up for ACTION, contact Lisa Foss Olson (952-851-2483). To learn more about membership, visit our Become a Member page.

Update On COVID-19 waivers and end of state peacetime emergency

Patti Cullen
By Patti Cullen, CAE  |  July 9, 2021  |  All members

As noted in our COVID-19 member messages, on June 30, the Minnesota Legislature voted to end the state peacetime emergency, effective Thursday, July 1, 2021, at 11:59 PM. Existing COVID-19 waivers expire no later than August 30 (11:59 PM). This action, in particular, impacts various waivers requested by the Minnesota Department of Health (MDH) and Department of Human Services (DHS):

From DHS: 

This will end the COVID-19 Peacetime Emergency authority the Department of Human Services (DHS) has under Executive Orders 20-11 and 20-12 to seek federal authority to change or waive federal requirements and to modify and waive certain statutes and rules related to DHS programs. We have used this authority to respond to the COVID-19 pandemic. We are quickly working to analyze the language in the 2021 HHS omnibus bill that modified the transition timeline for a number of the COVID-19 “CV waivers and modifications” and also made several pandemic changes a part of permanent state law. We will be making updates to our DHS “Waivers and modifications” webpage to reflect revised dates soon. Please watch DHS bulletins, manuals and other regular communication channels for program-specific guidance over the coming weeks.

From MDH: 

The COVID-19 peacetime emergency ends on July 1, 2021. All existing COVID-19 waivers and modifications expire no later than August 30, 2021 (11:59 PM), and regulated individuals and facilities must return to Minnesota statute and rule compliance by August 30, 2021 (11:59 PM). MDH may provide an earlier expiration date or shorter grace period. Regulated individuals and facilities are strongly encouraged to begin planning for this transition as soon as possible and should contact the appropriate MDH division with questions. All waivers and modifications made during the peacetime emergency are listed here: Waivers and Modifications: COVID-19

MDH’s Health Regulation Division is working with federal authorities to provide additional guidance. Generally, in instances where a Minnesota statute or rule is more prescriptive, the Minnesota statute will prevail. 

Patti Cullen, CAE  |  President/CEO  |  |  952-851-2487


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