Compliance Alert: COVID-19 National Emergency Ends Eff. April 10th, 2023

President Biden signed a resolution April 10th, 2023, ending the COVID-19 National Emergency (NE) in place since March of 2020.

  • The NE is ended effective April 10, 2023.
  • The Public Health Emergency (PHE) is still in effect until its scheduled ending on May 11, 2023. This means coverage for COVID-19 testing and vaccination is still in effect.
  • Because the NE ended on April 10th, the Outbreak Period (OE) ends June 9th, 2023 (60 days after the announced end of the NE).
  • The earlier end of the NE affects group health plan (Plan) regulatory deadline extensions that had been in place.
  • After June 9th, Plans may return to “normal” deadlines. These include the following:
-HIPPA – the 30 – and 60-day time frames to request special enrollment.
-COBRA – the timing will return to pre-pandemic periods for
-Elections
-Premium payments
-Date for individuals to notify the Plan of a qualifying event or disability determination.
-Claims Procedures – the date to file a benefit claim or appeal of an adverse benefit determination (ABD) under the Plan’s procedure.
-External Review – the date claimants may request an external review following an adverse or final internal ABD.
  • If Plans make changes to the Plan design or coverage after the end of the PHE or NE, Plan sponsors must communicate such changes, including limitations on benefits, to participants and beneficiaries before their effective date.

Additional resources are available on the DOL’s Response to COVID-19 website.

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