Compliance

The COVID-19 emergencies have finally ended!

The COVID-19 Presidential National Emergency ended on April 10, 2023, and the COVID-19 Public Health Emergency ended on May 11, 2023. Extended deadlines to take certain required benefit actions to end on July 10, 2023.

In response to the COVID-19 pandemic, the federal government extended certain COBRA and HIPAA Special Enrollment Period deadlines during the COVID-19 National Emergency Period (NEP) and for 60 days afterward (the Outbreak Period).  On January 30, 2023, President Biden announced that both the COVID-19 National Emergency and HHS Public Health Emergency would expire on May 11, 2023. President Biden signed H.J. Res. 7 on April 10, 2023, which ended the National Emergency earlier than anticipated. However, the Department of Labor later verbally clarified that the Outbreak Period would continue until July 10, 2023. 

The following deadlines will resume after the 60-day Outbreak Period ends on July 10, 2023:

• The 60-day election period for COBRA continuation coverage

• The date for making COBRA premium payments

• The deadline for employers to provide individuals with notice of their COBRA continuation rights

• The 30-day (or 60-day in some cases) Special Election Period (SEP) to request enrollment in a group health plan

• The timeframes for filing claims under the plans claims-processing procedures

• The deadlines for requesting internal and external appeals for adverse benefit determinations