The end of an era looms for employee benefits plans, as the Biden administration has announced the end of both the Public Health Emergency and the National Emergency periods on May 11, 2023. The two emergency periods were declared in the early stages of the COVID-19 global pandemic, with the Secretary of Health and Human Services declaring a Public Health Emergency effective January 31, 2020, and the President declaring a National Emergency effective March 1, 2020. The relevant government agencies provided different guidance, extensions, and mandates for employee benefit plans during each emergency period. This legal alert covers many of the key employee benefits items that will change upon the end of the emergency periods.

What will change once the Public Health Emergency (PHE) period ends?

When the PHE ends, group health plans will no longer be required to cover COVID-19 testing and testing-related services without cost-sharing, including over-the-counter tests. In addition, group health plans will no longer be required to cover COVID-19 vaccines provided by an out-of-network provider at no cost. Plans will need to determine how and when testing and vaccine benefits may change following the end of the PHE. For example, will the Plan continue to cover all or some portion of testing costs, or impose any restrictions on such coverage? If a plan will make any changes once the PHE ends that amount to a material reduction in health benefits, the plan administrator should send...