The COVID-19 pandemic continues to evolve. Recently, we informed you about updated guidelines for coverage of OTC COVID-19 tests. Around that same time period, President Biden again determined in a letter to Congress that it is necessary to further extend the national emergency period concerning the COVID-19 pandemic.1
This action follows Department of Health and Human Services (HHS) Secretary Xavier Becerra’s recent—but separate—declaration that the government would extend the public health emergency for COVID-19. Plan administrators should take note of related deadline extensions for COBRA notices and more.
The extension continues the ongoing tolling period calculations. Likewise, the following deadlines—on an individual-by-individual basis—will be extended for the duration of the Outbreak Period relief:
- The 14-day deadline for plan administrators to provide COBRA election notices to qualified beneficiaries;
- The 30-day period (or 60-day period, in some cases) to exercise HIPAA special enrollment rights in a group health plan following birth, adoption, or placement for adoption of a child; marriage, loss of other health coverage; or eligibility for a state premium assistance subsidy;
- The 60-day deadline by which a participant or qualified beneficiary must provide notice of divorce or legal separation, a dependent child that ceases to be an eligible dependent under the terms of the plan), or a Social Security disability determination used to extend COBRA coverage;
- The 60-day deadline in which to elect COBRA coverage;
- Individuals electing COBRA outside of the initial 60-day election period (as referenced above) generally have one year and 105 days after the election notice is provided to make the initial premium payment; and individuals electing COBRA within the generally applicable 60-day election period have one year and 45 days after the date of their election to make the initial payment;2
- The date by which monthly COBRA premium payments are due; and
- The deadline under the plan by which participants may file a benefit claim (under the terms of the plan) and the deadlines for appealing an adverse benefit determination or requesting an external review.
You can read the full compliance note in our COVID-19 employer resources section. HealthEquity will continue to monitor agency guidance on this matter and provide updates accordingly. As always, we strongly encourage employers and plan sponsors to consult competent legal or benefits counsel for all guidance on how the actions apply in their circumstances.
HealthEquity does not provide legal, tax or financial advice. Always consult a professional when making life-changing decisions.
Nothing in this communication is intended as legal, tax, financial or medical advice. We assume no liability whatsoever in connection with its use, nor are these comments directed to specific situations. Always consult a professional when making life-changing decisions.