News Alert: Biden Administration set to end COVID-19 emergency declarations on May 11, 2023
Published on January 31st, 2023
The Biden administration announced on January 30th that both the COVID National Emergency and the Public Health Emergency will end on May 11, 2023.
“At present, the Administration’s plan is to extend the emergency declarations to May 11, and then end both emergencies on that date. This wind down would align with the Administration’s previous commitments to give at least 60 days’ notice prior to termination of the PHE,” the Administration wrote in a letter to Congress.
Of note to consumer-directed healthcare providers and consumers, the National Emergency and subsequent agency guidance allowed for extended deadlines for ERISA plans such as extended claims filing and COBRA election and payment deadlines. The Public Health Emergency provided expanded coverage for COVID-19 testing, treatment and vaccines; access to medical countermeasures (vaccines, tests and treatments); telehealth coverage; Medicaid coverage and federal match rates; Medicare payment and coverage flexibilities and more.
The close of the National Emergency sets the end of the “Outbreak Period” during which ERISA plan deadlines were extended to the earlier of (a) 1 year from the original ERISA plan deadline date or (b) 60 days following the declared end of the National Emergency Period (July 10, 2023). More information can be found here.