![]() The COVID-19 PHE is set to expire on May 11, 2023. The tolling of deadlines under the Outbreak Period will not extend beyond J(60 days after the initial May 11 anticipated end to the NE). However, per informal DOL guidance, this will not impact the Outbreak Period. The government recently released frequently asked questions (FAQs) to provide clarification and additional guidance regarding the end of both the NE and PHE. The PHE, on the other hand, is still set to expire on May 11 and affects COVID-related benefits offered under health plans. Once the Outbreak Period ends, regular deadlines are back in effect.Īlthough the NE ended on April 10, the DOL maintains that the Outbreak Period will continue to run through J(60 days after the anticipated NE end of May 11). This tolling of deadlines is called the Outbreak Period, which ends the earlier of: (1) one year after the individual was first entitled to relief or (2) 60 days after the expiration of the NE (or another date announced by DOL, the Treasury Department, and the IRS). As you may recall, the NE sets forth the tolling of deadlines for purposes of COBRA, HIPAA special enrollment, claims submission, claim appeals, and independent third-party review of denied claims. The NE and PHE affect different aspects of employee benefit plans. How does this affect employee benefit plans?īased on informal guidance from the Department of Labor (DOL), it does not. While the NE has ended early, the presidential action does not affect the Public Health Emergency (PHE), which is still set to expire on May 11. ![]() On April 10, 2023, President Biden signed a resolution ending the National Emergency (NE) as of that date. COVID-19 national emergency ends on April 10 ![]()
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