White House Announces Intention to End COVID-19 National Emergency and Public Health Emergency Declarations in May

April 25, 2023
Hall Benefits Law, LLC

The Trump administration declared both a COVID-19 national emergency and a public health emergency (PHE) in 2020. The national emergency is set to expire on March 1, 2023, and the PHE is set to expire on April 11, 2023. The Biden administration now has issued a statement of administrative policy stating its intention to extend both emergencies and end them on May 11, 2023. Its announcement is consistent with its commitment to providing 60 days’ notice of ending these emergency declarations.

The Biden administration previously had opposed congressional efforts to end the national and public health emergencies sooner and without appropriate notice. The administration claimed that an abrupt end to these emergencies would create chaos and uncertainty throughout healthcare systems for states, healthcare providers, and individuals. During the COVID-19 pandemic, Congress issued temporary rules impacting employee benefit plans. Some of these temporary rules remain valid through the end of the national emergency, whereas others are tied to the PHE.

For example, group health insurance plans are subject to temporary rules concerning COVID-19 diagnostic testing during the PHE. Similarly, the U.S. Department of Labor and the Internal Revenue Service also tolled various deadlines concerning employee benefit plans during the “outbreak period,” or 60 days following the end of the national emergency, including some COBRA elections and premium payments, HIPAA special enrollments, and ERISA disclosures. Allowing 60 days’ notice of the impending end of these emergencies will allow plans to begin preparing for the ending of the temporary rules.

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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