President Biden issued a Notice on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic on February 18, 2022. In this Notice, President Biden extended the National Emergency scheduled to end on March 1, 2022. The previous administration initially declared the National Emergency on March 13, 2020. The latest extension of the National Emergency is expected to last at least one year.
Extension of the National Emergency also automatically extends temporary delays of specific deadlines that apply to group health plans. These delays will continue until 60 days after the administration announces the end of the National Emergency or the “Outbreak Period.”
Filing Claims and Appeals
Group health plans typically have deadlines for filing claims or appeals concerning adverse benefits determinations. The Outbreak Period does not count when determining the deadlines for filing these claims or appeals.
HIPAA Special Enrollment Periods
When a HIPAA special enrollment event occurs, an individual typically has 30 days, or 60 days in some cases, to request enrollment in a group health plan. HIPAA special enrollment events include the birth of a child, marriage, or the loss of other health insurance coverage. The deadline for requesting enrollment in a group health plan ignores the Outbreak Period.
Deadline for Giving Notice to Plan of COBRA Qualifying Event of Disability
When a COBRA qualifying event occurs, an individual has 60 days to notify the plan of the qualifying event. These events include divorce, legal separation, a child’s loss of dependent status under the plan, or a Social Security disability determination. The plan must disregard the Outbreak Period in calculating the 60-day deadline.
Periods for Electing COBRA Continuation Coverage
Individuals have 60 days to elect to continue coverage under a group health plan under COBRA. The Outbreak Period does not count for the purposes of calculating these 60 days.
Deadlines for Making COBRA Premium Payments
When individuals opt for COBRA continuation coverage, they typically must make the initial premium payment within 45 days of exercising their option for coverage. Plans also must provide a grace period of at least 30 days to pay subsequent premiums. In addition, plans must ignore the Outbreak Period when determining the deadlines for COBRA premium payments.
Requests for External Review
The Outbreak Period also does not count when plans calculate the deadline for individuals to file requests for external review after an adverse benefit determination or when submitting information to complete their requests for external review.
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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