On April 10, 2023, President Biden signed H.J.Res. 7, terminating the National Health Emergency (NHE), pertaining to federal COVID-19 programs, declared by former President Trump on March 13, 2020. This action does not impact the planned May 11, 2023 expiration of the federal Public Health Emergency (PHE) or any associated unwinding processes.

Employer-sponsored health plan elements impacted by the April 10, 2023 NHE expiration include HIPAA enforcement discretion; special enrollment periods; COBRA elections, notices and premium payments, and claims appeals’ procedures. The 60-day clock started on April 10, 2023 signaling the end of the outbreak period (the period beginning March 1, 2020, through 60 days after the announced end of the COVID-19 NHE). The outbreak period rules extended certain time frames to help employees keep group health plan coverage. Plans should return to pre-pandemic rules within 60 days after the announced NHE expiration (April 10, 2023), which is June 9, 2023

The PHE’s upcoming expiration, scheduled for May 11, 2023 could impact costs charged to participants for out-of-network COVID-19 treatments and services. Cost-sharing provisions of COVID related testing, treatments and vaccines within employer-sponsored plans could be impacted by the expiration of the PHE.

The Centers for Medicare and Medicaid Services (CMS) issued the following information for plan sponsors to familiarize themselves with changes that may take place due to the expiration of the PHE: https://www.cms.gov/files/document/what-do-i-need-know-cms-waivers-flexibilities-and-transition-forward-covid-19-public-health.pdf.

Salus Group will hold webinars and meetings to assist its COPE clients in navigating the impact the NHE expiration and the upcoming May 11, 2023 PHE expiration will have on its health plans.

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