Maryland and Virginia will end their coronavirus public health emergency orders beginning July 1, after more than 15 months and dozens of renewals of and edits to the orders. (D.C.’s public health emergency is set to expire July 25.)
“Thanks in large part to the hard work, sacrifices and the vigilance of the people of Maryland, we have finally reached the light at the end of that long tunnel,” Governor Larry Hogan (R) said at a recent press conference announcing the decision.
“Virginians have been doing the right thing, and we’re seeing the results,” Virginia Governor Ralph Northam (D) said in May in a video announcing the end of some restrictions.
Both jurisdictions are seeing success in getting residents vaccinated, surpassing the Biden administration goal to have over 70% of adults at least partially vaccinated before the Fourth of July. The region is also reaping the benefits of high vaccination rates, with record-low reports of new coronavirus infections: Maryland has a 0.56% 7-day positivity rate, and Virginia has a 1.6% 7-day positivity rate. Maryland reported zero deaths from coronavirus on two recent June days. And while experts remain concerned about new variants and some communities that remain unvaccinated, the region’s officials are moving ahead with lifting most restrictions.
Maryland and Virginia have already fully lifted capacity restrictions on indoor and outdoor spaces, and mask mandates are now a thing of the past. So what does ending public health emergency orders actually mean for locals?
What does the end of emergency orders change?
Emergency orders in Virginia and Maryland gave state governments broad powers to address the health crisis, including the ability to issue mask mandates, impose capacity limits, require quarantines or COVID-19 testing for travelers, offer incarcerated people early release from state correctional facilities, put in place protections to help prevent evictions, extend expiration dates on driver’s licenses, and more.
In Maryland, the end of the public health emergency order on July 1 will immediately sunset a number of provisions, including the statewide mask order for schools and child care facilities, requirements for travelers to test and quarantine, and early release for people incarcerated in state prisons. In an important caveat to ending mask mandates, the state will continue to support jurisdictions, businesses and workplaces that choose to require masks, Hogan said in a press conference announcing the changes.
Some emergency order items include a grace period, ending 45 days after the lifting of the public health emergency. That list includes things like the state’s extension for renewing drivers’ licenses, the continued activation of the Maryland National Guard, the state’s oversight program for its nursing homes, COVID-19 testing at pharmacies, reporting requirements for vaccinations, and protections from evictions and foreclosures.
In Virginia, Northam ended many pandemic restrictions in May, including the universal mask mandate and capacity restrictions for businesses and public spaces. In K-12 public schools, students, teachers and staff in school will be required to wear masks while indoors.
What does this mean for the public health response?
Officials in Maryland and Virginia have been quick to say that the end of the emergency orders won’t affect the public health infrastructure now in place for testing, treating, and vaccinating against the coronavirus.
“It does not impact our access to federal funds,” Hogan said in his press conference. “We’re transitioning from a state of emergency to a state of ongoing operation.”
“All the infrastructure we’ve built up with pharmacies, with local health departments, hospitals and others will absolutely serve not only for boosters but also for our flu vaccine program we’ve planned for the fall,” added Maryland Secretary of Health Jinlene Chan.
Virginia Vaccine Coordinator Dr. Danny Avula told WJLA that the end of the public health emergency won’t dim the commonwealth’s public health response.
“Really what it means for the [vaccination] effort is that a lot of the federal money that we’ve been using to do our mass vaccination centers and our mobile vendors will go away, but there are hundreds of millions of dollars that will continue to support COVID recovery,” Avula said. “So it won’t change anything about our commitment and ability to go out and do mobile vaccinations, continue to do innovative pop up efforts in conjunction with partners who are going other types of events…We will continue this through the summer and fall as long as it takes to ensure we’re keeping Virginia safe.”
Fairfax County Chairman Jeff McKay (D) said in an email to DCist that the end of the public health emergency “does not hinder or change our vaccination efforts.”
When asked whether the end of the emergency declaration would limit any access to funding or resources, McKay said it may mean Fairfax County would no longer be able to pursue reimbursement for eligible expenses from the Federal Emergency Management Agency (FEMA).
“We have not received clarification from FEMA on this point and there is still the possibility that they will provide reimbursements through September (which is when we are expecting FEMA to declare an end to the emergency at the federal level),” said McKay in the email. “We are going to continue to submit requests to FEMA and pursue reimbursements for as long as possible.”
Both states are working their way through federal support from the CARES Act and the American Rescue Plan Act. Northam announced an August special session of the Virginia General Assembly to debate how to spend $4.3 billion in federal funds.
The end of the public health emergency in Virginia may also end an executive order that allows more flexibility on who can administer the vaccine and practice medicine in Virginia. The order also allows local health departments to collaborate with federal health facilities to administer vaccines and expands telehealth access. The ending of this order could limit jurisdictions abilities to administer vaccines. It is set to expire when the public health emergency ends on June 30.
Northam’s spokesperson Alena Yarmosky did not specifically confirm that the executive order will be ending, but wrote in an email, “Absent a state of emergency, the Governor’s Executive Orders govern the operation of state agencies and the conduct of state employees, not private contracts.”
What about tenant protections?
With the end of eviction moratoriums on the horizon, some advocates are worried the region will see a wave of evictions. In Maryland, the eviction moratorium is in place through Aug. 15.
In Virginia, some tenant protections will remain in place. Yarmosky, Northam’s spokesperson, said in an email that renter protections for previous non-payment of rent due to COVID-19 will stay in place for 30 days after the emergency order ends; all Virginians will have a 14-day grace each month in paying their rent through July 1, 2022; and through the end of August, courts will be required to grant a 90-day continuance of eviction proceedings if tenants show their failure to pay rent was caused by the pandemic.
But beginning July 1, Virginia landlords will no longer be required to apply for rent relief on behalf of tenants, and they no longer need to wait 45 days after applying for that relief to begin eviction proceedings.
Louisa Rich, a housing attorney with the Legal Aid Justice Center, said she’s concerned these changes could lead to many Virginians being displaced.
“Even if people are going back to work right now, they can’t just magically catch up on the whole last year that happened,” Rich said in an interview.
Earlier this month, the Legal Aid Justice Center and Virginia Poverty Law Center sent a letter to Governor Ralph Northam urging him to extend the rent relief and eviction protections.
Will some things stay the same?
Some of the emergency laws issued during the pandemic will last a while longer. Maryland lawmakers passed legislation allowing restaurants to continue to offer alcoholic beverages for take-out and delivery through 2023, and so did their counterparts in Virginia. A new Maryland law also expands telehealth services by requiring insurance providers to reimburse telehealth expenses and by requiring a report on the impact of providing telehealth services by December 2022.
In Virginia, it’s illegal to wear a mask to conceal your identity. But there’s an exception during the public health emergency. Northam’s spokesperson told The Virginian-Pilot, “We have been in touch with law enforcement and have made it clear that we expect no Virginians to be penalized for wearing masks due to COVID-19 or other health reasons.”
The Centers for Disease Control is still requiring masks be worn on planes, trains, buses and all public transportation across the country.
Margaret Barthel
Cydney Grannan