As part of the federal response to the COVID-19 pandemic, multiple temporary rules were implemented for employer-sponsored group health plans. The duration of the temporary rules was, in many cases, tied to the federal government’s declarations of both a Public Health Emergency and a National Emergency. These temporary federal rules include mandates related to group health plan coverage for COVID-19 testing and vaccines and the tolling, or extension of, certain timeframes applicable under HIPAA, COBRA and ERISA.

On January 30, 2023, the White House issued a Statement of Administrative Policy declaring its intent to end both the Public Health Emergency and the National Emergency on May 11, 2023. The DOL, HHS and the Treasury (the Departments) released FAQ Part 58 on March 29, 2023, providing further clarity on many of the issues impacted by the White House’s Statement of Administrative Policy. Subsequently, the President of the United States signed legislation to end the National Emergency on April 10, 2023, much earlier than the previously declared end date (May 11, 2023).

The end of the Public Health Emergency and National Emergency will have consequences for group health plans and ERISA health and welfare plans, as summarized below.

Regulatory and Legislative Strategy Group