Joint Decision referring to a nationwide emergency declared by the President on March 13, 2020, Pub. L. No. 118-3 (Apr. 10, 2023)

Obtainable at https://www.congress.gov/invoice/118th-congress/house-joint-resolution/7/textual content

Congress has handed, and the President has signed, laws ending the COVID-19 nationwide emergency on April 10, 2023. In January, the Biden administration issued a coverage assertion indicating its intent to increase the COVID-19 nationwide emergency (NE) and public well being emergency (PHE) declarations to Could 11, 2023, after which finish each emergencies on that date (see our Checkpoint article). The administration had initially opposed Congressional efforts to finish the emergency durations sooner, stating that an abrupt finish to the emergency declarations would create “wide-ranging chaos and uncertainty all through the well being care system” for states, well being suppliers, and people.

EBIA Remark: The COVID-19 pandemic prompted Congress and the federal companies to difficulty momentary guidelines affecting worker profit plans—some apply throughout the PHE, whereas others apply throughout the “outbreak interval” associated to the NE. The outbreak interval is outlined because the interval starting March 1, 2020, and ending 60 days after the introduced finish of the NE or different date introduced by the companies (see our Checkpoint article). Following the administration’s announcement that the NE would finish on Could 11, 2023, the companies issued FAQs anticipating that the outbreak interval would finish July 10, 2023 (see our Checkpoint article). Clarification concerning the outbreak interval could be welcome. CMS has already clarified that the laws ending the NE doesn’t have an effect on the PHE. For extra info, see EBIA’s COBRA guide at Part VI (“Particular Points: COBRA and COVID-19”), EBIA’s ERISA Compliance guide at Part XXXIV.F (“Timelines Beneath Group Well being Claims Procedures”), EBIA’s HIPAA Portability, Privateness & Safety guide at Part X (“Particular Enrollment Rights”), EBIA’s Cafeteria Plans guide at Part XVI.N (“Non permanent COVID-19-Associated Reduction for Cafeteria Plans, Well being FSAs, and DCAPs”), and EBIA’s Self-Insured Well being Plans guide at Part XXVIII.A (“Overview of Participant Disclosure Necessities”). See additionally EBIA’s Group Well being Plan Mandates guide at Part XVI.C (“COVID-19: Mandated Protection of Diagnostic and Preventive Providers”).

Contributing Editors: EBIA Workers.