DOL Indicates the COVID-19 National Emergency’s Outbreak Period Extends to July 10, 2023

On April 10, 2023, President Biden signed a Congressional Resolution immediately ending the COVID-19 National Emergency. Previously, the Biden administration announced the National Emergency would end on May 11, 2023. The Congressional Resolution did not impact the COVID-19 Public Health Emergency, which is still scheduled to end on May 11, 2023.

The National Emergency is tied to the “Outbreak Period,” during which certain plan deadlines (e.g., COBRA elections, payments and certain notices, HIPAA special enrollments, and claims and appeals filings) are extended. The Outbreak Period began on March 1, 2020, and was expected to end 60 days after the announced end of the COVID-19 National Emergency, unless otherwise extended to a later date. When the National Emergency ended on April 10, 2023, it was presumed the Outbreak Period would end 60 days later (June 9, 2023). However, since then, the DOL has consistently indicated that they consider the Outbreak Period to extend to July 10, 2023, as reflected in FAQ guidance issued prior to April 10, 2023. In such case, the affected deadlines (e.g., COBRA elections, payments and certain notices, HIPAA special enrollments, and claims and appeals filings) will begin to run their normal lengths on July 11, 2023.

We will continue to monitor for official written confirmation of the July 10, 2023, Outbreak Period end date. However, plan sponsors should be aware of the informal DOL guidance based on the statements of agency officials. Sponsors should consult with legal counsel, particularly those who wish to rely on an Outbreak Period end date based on the accelerated end of the National Emergency (i.e., June 9, 2023).