The Biden Administration announced its intent to end the COVID-19 Public Health Emergency (PHE) and National Emergency (NE) periods on May 11, 2023. These declarations have been in place since 2020 to provide flexibility and access to critical COVID-19 countermeasures, tests, vaccines and treatments.
What changes are expected to occur once the national emergencies end?
Various employee benefit plan deadlines were extended due to an “outbreak period” from March 1, 2020, until 60 days after the announced end of the national emergency. Since the national emergency ends on May 11, 2023, the outbreak period will end on July 10, 2023. Once the outbreak period ends, health plans can return to their nonextended deadlines.
Ending the emergency declarations will impact plans in the following ways:
- Group health plans are no longer required to cover COVID-19 diagnostic testing (including over-the-counter tests) at no cost to individuals.
- Group health plans are still required to cover recommended preventive services, including COVID-19 immunizations, without cost sharing, but this coverage requirement is limited to in-network providers.
- The extensions of certain time frames for employee benefit plans are expected to end on July 10, 2023 (60 days after the end of the national emergency). Several timeframes were extended for many plans to give individuals more time to act. Extensions such as:
- HIPAA special enrollment
- Electing COBRA continuation coverage
- Paying COBRA premiums
- Submitting health claims and appeals
Plan sponsors should review and consider the following actions:
| Collaborate with third-party administrators (e.g., COBRA administration) to develop a communication plan around extended timelines to participants | |
| Review and update Plan Documents and Summary Plan Documents to ensure extended timelines are addressed | |
| Communicate to participants on how previous extended timelines will be managed |
For additional information and a comprehensive list of anticipated changes, please refer to the U.S. Department of Labor: https://blog.dol.gov/2023/03/29/what-does-the-end-of-the-covid-19-public-health-emergency-mean-for-health-benefits.
Clients with the COBRA Administration package for benefit continuation can reach out to the isolved Benefit Services team for assistance.