Per the notice below, the United States Department of Labor (USDOL) has issued guidance on the impending end of the novel coronavirus (COVID-19) public health emergency (PHE).
President Biden announced on February 10, 2023, that he anticipated terminating the COVID-19 National Emergency on May 11, 2023, and U.S. Department of Health and Human Services Secretary Becerra has advised that the COVID-19 public health emergency will also end on May 11, 2023. The USDOL Employee Benefits Security Administration (EBSA) is committed to working with employers and other plan sponsors to ensure a smooth transition as the federal government unwinds some of the policies that have been in place during the COVID-19 public health emergency and National Emergency. To partner with you through this process, the Departments of Labor, Health and Human Services, and the Treasury issued guidance today in an effort to ensure that workers and their families are aware of any changes that may be coming their way:
We encourage plan sponsors and employers to review this information carefully. If you make any changes to your plan or coverage after the end of the public health emergency or National Emergency, be sure to communicate these changes, including any limitations on benefits, clearly to participants and beneficiaries before they take effect. While the end of the public health emergency and National Emergency signal a positive development in many ways, it can also be a time of confusion and uncertainty for your employees and participants. Consider amending your plan to extend existing timeframes to minimize the possibility of individuals losing their benefits. You may also receive special enrollment requests from individuals losing Medicaid or CHIP coverage who may be interested in participating in their employment-based health coverage. Consider amending your plan to provide additional time for those individuals to exercise their special enrollment rights. Additional information is available at the USDOL EBSA’s Blog at: https://blog.dol.gov/2023/03/29/what-does-the-end-of-the-covid-19-public-health-emergency-mean-for-health-benefits and at: https://www.dol.gov/agencies/ebsa/coronavirus. Any employee, employer, or plan sponsor with questions about the end of the COVID-19 public health emergency can contact EBSA for assistance at askebsa.dol.gov or 1-866-444-3272.