On April 10, 2023, President Biden signed a Congressional Resolution immediately ending the COVID-19 National Emergency. This resolution does not impact the COVID-19 Public Health Emergency, which is still scheduled to end on May 11, 2023. With the National Emergency now ending on April 10, 2023, the Outbreak Period will end 60 days later, June 9, 2023. 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 June 10, 2023.
As a result, employers may need to determine (in consultation with their legal counsel, carriers and TPAs) whether to recognize the earlier end of the National Emergency/Outbreak Period (April 10, 2023/June 9, 2023) or proceed with the previously announced May 11, 2023/July 10, 2023, dates, which may already have been communicated to plan participants. Before adopting any extended deadline, employers should obtain express approval from their carriers (including stop loss) and ensure that communications to participants accurately reflect the agreed-upon approach. These communications should clearly state that any extension only applies to deadlines impacted by the Outbreak Period relief. Accordingly, employers should review their potential options and related communications with their legal counsel, carriers, TPAs and COBRA vendors as soon as possible.
PPI Benefit Solutions does not provide legal or tax advice. Compliance, regulatory and related content is for general informational purposes and is not guaranteed to be accurate or complete. You should consult an attorney or tax professional regarding the application or potential implications of laws, regulations or policies to your specific circumstances.
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