What Employers Should Know Ahead of the COVID-19 Outbreak Period’s July 10 Ending
Next month, the Outbreak Period of the COVID-19 National Emergency will expire, bringing with it an end to extensions of deadlines for special enrollment in employee health plans, continuing employee health benefits under COBRA, and filing claims. To ensure a smooth transition, employers should familiarize themselves with the coming changes and be prepared to answer employee questions.
As many will remember, the COVID-19 National Emergency ended a month earlier than originally projected (April 10 instead of May 11), with President Biden’s signing of House Joint Resolution 7 (H.J. Res. 7). Subsequent guidance from the Department of Labor clarified that the Outbreak Period’s original end date would remain July 10, as had been established in a prior DOL “Frequently Asked Questions” about COVID-19 emergency relief.
That previous guidance, issued March 29 of this year, stated:
DOL, the Treasury Department, and the IRS anticipate that the Outbreak Period will end July 10, 2023 (60 days after the anticipated end of the COVID-19 National Emergency). As of the last day of the Outbreak Period, the extensions under the emergency relief notices for timeframes that began during the COVID-19 National Emergency no longer apply.
DOL’s full FAQ is available for review, here.
While H.J. Res. 7 did not affect the July 10 deadline, the expiration of the Outbreak Period itself is significant for employers. It marks the end of:
- the special enrollment period giving employees one year (as opposed to the standard 30 days) to enroll in a health plan after a major life event
- certain COBRA-related relief allowing employees additional time to pay premiums or decide whether to use coverage
- deadline extensions for continuing health benefits and filing claims or appeals under COBRA
It should be remembered, however, that while July 10 marks the end of such extensions under the COVID-19 National Emergency, group health plans may still elect to provide longer timeframes for the above.
As with all employment matters, accurate and timely communication is paramount. Contact Bleakley Platt & Schmidt’s Labor & Employment practice group for guidance regarding this and other changes to employee benefits.