It has been a particularly twisty benefits week or two, from a regulatory perspective, as the deadline relating to certain COVID relief that affects things such as COBRA payments, has changed once (or twice) again.
Employers and health plan managers should become familiar with what has recently happened:
On April 10, 2023, President Biden signed into law H.J. Res. 7, which terminated the President’s national emergency declaration for COVID-19 effective immediately. The April 10th effective date is earlier than the President’s previously announced effective date of May 11, 2023.
One consequence, at least in the #benefits world, is that the applicable end of certain benefits transition relief (including for purposes of COBRA) would be June 9, 2023 (60 days following April 10, 2023) instead of July 10, 2023 (60 days following May 11, 2023), as previously anticipated.
However, it is possible (and even probable) that the Department of Labor (DOL) will provide that the deadline of July 10, 2023, will remain the relevant date. If that occurs, this means that on July 10, 2023, all deadlines that were “paused” as a result of the national emergency will start to run again.
These include deadlines for COBRA elections, COBRA premium payments, certain COBRA notices, HIPAA special enrollment rights, and the filing of claims and appeals.
Plan sponsors should consult with the D+G Benefits Group to determine next steps, as this matter continues to evolve.