Executive Office of the President: Office of Management and Budget Statement of Administration Policy (Jan. 30, 2023)
Available at https://www.whitehouse.gov/wp-content/uploads/2023/01/SAP-H.R.-382-H.J.-Res.-7.pdf
The Biden Administration has issued a policy statement indicating its intent to extend the COVID-19 national and public health emergency declarations to May 11, 2023, and then end both emergencies on that date. Opposing Congressional efforts to end the emergency periods sooner, the administration stated that an abrupt end to the emergency declarations would create “wide-ranging chaos and uncertainty throughout the health care system” for states, health providers, and individuals. According to the statement, the May 11 end date would align with previous commitments to provide at least 60 days’ notice prior to termination of the public health emergency.
EBIA Comment: The COVID-19 pandemic prompted Congress and the federal agencies to issue temporary rules affecting employee benefit plans—some apply during the public health emergency, while others apply during the “outbreak period” related to the national emergency. For example, COVID relief legislation requires group health plans and insurers to cover COVID-19 diagnostic testing without cost-sharing, prior authorization, or other medical management requirements during the public health emergency. Non-grandfathered plans must also cover COVID-19 vaccines without cost-sharing and on an expedited basis (see our Checkpoint article). In addition, DOL and IRS guidance extended various plan-related deadlines (for no longer than one year) by disregarding (tolling) the “outbreak period,” which will end 60 days after the end of the national emergency unless another end date is announced by the agencies (see our Checkpoint article). Notably, the outbreak period extension applies to benefit claim deadlines for participants and beneficiaries, as well as deadlines for COBRA elections and premium payments, HIPAA special enrollments, and various ERISA disclosures. The end of the national emergency will trigger the 60-day countdown to the end of the outbreak period, at which time the deadline tolling period will end. Plan sponsors and their advisors should begin planning now for the end of both declared emergencies.
For more information, see EBIA’s Group Health Plan Mandates manual at Section XVI.C (“COVD-19: Mandated Coverage of Diagnostic and Preventive Services”), which will be updated for guidance. See also EBIA’s COBRA manual at Section VI (“Special Issues: COBRA and COVID-19”), EBIA’s ERISA Compliance manual at Section XXXIV.F (“Timelines Under Group Health Claims Procedures”), EBIA’s HIPAA Portability, Privacy & Security manual at Section X (“Special Enrollment Rights”), EBIA’s Cafeteria Plans manual at Section XVI.N (“Temporary COVID-19-Related Relief for Cafeteria Plans, Health FSAs, and DCAPs”), and EBIA’s Self-Insured Health Plans manual at Section XXVIII.A (“Overview of Participant Disclosure Requirements”).
Contributing Editors: EBIA Staff.
