Suspended timeframes for a plan sponsor to provide a Consolidated Omnibus Budget Reconciliation Act (COBRA) election notice to qualified beneficiaries.Extension of timeframes for disclosure of documents required under Title I of ERISA.The plan sponsor relief under the national emergency includes the following: The relief provided that certain deadlines (as described below) under the Employee Retirement Income Security Act of 1974 (ERISA) are suspended until the earlier of one year from the date of the event or until 60 days after the end of the national emergency. The national emergency provided relief to plan sponsors and group health plan participants. PRESIDENTIAL DECLARATION OF NATIONAL EMERGENCY This means group health plans may have to contend with two separate timeframes in unwinding the emergency declarations or choose to extend the timeframes associated with the national emergency for administrative ease. Although unclear, it appears the bill will become effective upon signature, which means the presidential declaration of national emergency could end earlier than the HHS public health emergency. On March 29, 2023, the HHS and the US Department of Labor and the Department of the Treasury (collectively, Departments) issued Frequently Asked Questions (FAQs) to provide guidance to plan sponsors on unwinding the emergency declarations.Īlso on March 29, the Senate passed a bill to end the national emergency, and President Biden is expected to sign it into law. With the COVID-19 public health emergency and the presidential declaration of national emergency intended to end on May 11 and the US government recently issuing guidance on unwinding these emergency declarations, this LawFlash breaks down the relief tied to each declaration and the next steps for plan sponsors.Īs noted in an ML BeneBits blog post, the Biden administration announced that it intends to end the presidential declaration of national emergency and the US Department of Health and Human Services (HHS) public health emergency attributable to the COVID-19 pandemic on May 11, 2023.
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