Joint Resolution relating to a national emergency declared by the President on March 13, 2020, Pub. L. No. 118-3 (Apr. 10, 2023)

Available at https://www.congress.gov/bill/118th-congress/house-joint-resolution/7/text

Congress has passed, and the President has signed, legislation ending the COVID-19 national emergency on April 10, 2023. In January, the Biden administration issued a policy statement indicating its intent to extend the COVID-19 national emergency (NE) and public health emergency (PHE) declarations to May 11, 2023, and then end both emergencies on that date. The administration had initially opposed Congressional efforts to end the emergency periods sooner, stating that an abrupt end to the emergency declarations would create “wide-ranging chaos and uncertainty throughout the health care system” for states, health providers, and individuals.

Comment: The COVID-19 pandemic prompted Congress and the federal agencies to issue temporary rules affecting employee benefit plans—some apply during the PHE, while others apply during the “outbreak period” related to the NE. The outbreak period is defined as the period beginning March 1, 2020, and ending 60 days after the announced end of the NE or other date announced by the agencies. Following the administration’s announcement that the NE would end on May 11, 2023, the agencies issued FAQs anticipating that the outbreak period would end July 10, 2023. Clarification regarding the outbreak period would be welcome. CMS has already clarified that the legislation ending the NE does not affect the PHE.