Impact of the End of the National Emergency and Public Health Emergency on Employee Benefit Plans

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 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 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