On May 11, the U.S. Department of Health and Human Services (HHS) rescinded the COVID-19 public health emergency (PHE). That decision followed the non-renewal of the national emergency declaration (NE) in April. The PHE and NE both had been in effect since early 2020, collectively authorizing the federal government to manage the pandemic, including by providing individuals with tests, treatments, and vaccines at no charge. The lapse of these emergency orders usher in a new stage of managing COVID-19 and will impact employers of all sizes on the Seacoast significantly.

While most employers have been operating with a somewhat static approach to COVID-19 over the past year, the end of the PHE and NE offer employers an opportunity to re-evaluate and reassess COVID-19 procedures and precautions in the workplace. This article will cover how the end of the PHE and NE changes the COVID-19 landscape for employers as well as practical steps employers should consider moving forward.

What Changes as a Result of the End of the Public Health Emergency and National Emergency Declaration

• Guidance in the form of FAQs and a Fact Sheet issued by HHS and other federal agencies provide details on a number of issues, including the following: Diagnostic Over-the-Counter and Laboratory Testing: Under the PHE, health insurance plans were required to fully cover laboratory or over-the-counter COVID-19 testing without employee cost-sharing. With the PHE lapsed, that requirement is lifted, though...

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