Shortly after the COVID-19 national emergency was declared in 2020, the Department of Labor (DOL) issued guidance allowing for additional time for participants to make COBRA elections and premium payments and to exercise their HIPAA special enrollment rights, among other things. Employers, administrators, and insurers are to disregard a period of time referred to as the “Outbreak Period.” The Outbreak Period will end 60 days after the COVID-19 national emergency ends. With the announcement of the COVID-19 national emergency ending on May 11, 2023, we now know the end of the Outbreak Period will be July 10, 2023.
 

The DOL has recently issued some Frequently Asked Question guidance which in part addresses how the deadlines should apply for making COBRA elections, COBRA payments, and HIPAA special enrollments once the Outbreak Period expires. Below are a few examples:
 

COBRA Elections: If a person experiences a qualifying event and is provided a COBRA election notice before the end of the Outbreak Period, the 60-day COBRA election period begins on July 10, 2023 and ends on September 8, 2023. For qualifying events that occur on or after July 10, 2023, the normal 60-day election period will begin from the date the election notice is provided.
 

COBRA Payments: If a person elects COBRA before the end of the Outbreak Period, the initial premium payment date is due 45 days from the end of the Outbreak Period, which is August 24, 2023. Subsequent premium payments would be due according to regular COBRA deadlines (generally, the first day of each month of coverage with a 30-day grace period). For elections that are made on or after July 10, 2023, the normal 45- day initial payment deadline applies.
 

HIPAA Special Enrollments: If a person qualifies for a HIPAA special enrollment period due to birth, adoption, marriage, or loss of other coverage, and one of these events occurs before the end of the Outbreak Period, the 30-day special enrollment period begins on July 10, 2023 and ends on August 9, 2023. For special enrollment events that occur on or after July 10, 2023, the normal 30-day special enrollment period applies.
 

It should be noted that the FAQ guidance did not address the end to the additional time that has been allowed to file benefit claims, appeal claims that were denied in whole or in part, or to request an external review. It is possible that the DOL will issue further guidance in the future.