Premature End to National COVID-19 Emergency Fails to Alter July 10 Deadline

July 20, 2023
Hall Benefits Law, LLC

The U.S. Department of Labor (DOL) issued FAQs in March that looked toward the end of the national COVID-19 emergency, which was set to expire on May 11, 2023. However, the Biden administration opted to end the national emergency early, on April 10, 2023.

Nonetheless, the DOL has indicated that it will not alter its March guidance regarding the outbreak period, which is 60 days following the end of the national emergency. As a result, the DOL will consider July 10, 2023, to be the end of the outbreak period for the purposes of various deadlines related to employee benefit plans.

The outbreak date is significant to employers and employee benefit plans because it marks the end of various extended deadlines enjoyed during the COVID-19 national emergency. For instance, employees had up to a year to enroll in a health plan after a major life event during the COVID-19 national emergency, as opposed to the typical 30 days. In addition, employees had extended deadlines to pay their COBRA premiums or determine whether to opt for COBRA coverage during the national emergency. These extended deadlines will now end.

Meanwhile, the public health emergency (PHE) expired as planned on May 11, 2023. That expiration date marked the end of more provisions that affect employers, such as COVID-19 testing and vaccine mandates. For example, during the PHE, medical plans, including employer-sponsored plans, had to cover the full costs of COVID-19 testing with no costs to employees. However, now that the PHE has expired, plans no longer have to pay for testing, so they must decide whether to continue this coverage.

The Biden administration ended COVID-19 vaccine mandates for federal employees, federal contractors, and some healthcare workers on May 11, 2023.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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