End of COVID-19 National Emergency Outbreak Period Fast Approaching

Now that the COVID-19 National Emergency has ended, employers must prepare for the end of the Outbreak Period. Based on DOL FAQ guidance and subsequent commentary, the Outbreak Period will end on July 10, 2023. This means that the tolling of certain ERISA plan deadlines (e.g., COBRA elections, payments and certain notices, HIPAA special enrollments, and claims and appeals filings) will no longer be required.

Accordingly, employers should work with legal counsel, TPAs, COBRA vendors and other service providers to ensure related plan documents, procedures and systems are updated to accommodate the Outbreak Period end and subsequent reversion to pre-pandemic election, notice and payment timelines after July 10, 2023. Additionally, employers should ensure appropriate communications are provided to plan participants and COBRA beneficiaries regarding the approaching deadlines and upcoming changes.

An employer considering extending the tolling past July 10, 2023, should consult with legal counsel and ensure express permission is obtained from the carrier or TPA.