Departments Issue FAQs on End of the COVID-19 National Emergency and Public Health Emergency; Implementation FAQs Part 58
Published March 30, 2023
The Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury jointly released eight FAQs regarding
implementation of the Families First Coronavirus Response Act (FFCRA),
the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and
the Health Insurance Portability and Accountability Act (HIPAA),
intended to help people understand the law and benefit from it. Below is
a summary of the Q&As.
- 1: Do the COVID-19 testing coverage requirements under section 6001 of the FFCRA apply to items and services furnished after the end of the PHE?
- No.
- 2: Must plans and issuers notify participants and enrollees if they change the terms of their coverage for the diagnosis or treatment of COVID-19 after the end of the PHE?
- This is encouraged.
- 3: Do the reimbursement and cash price posting requirements under section 3202 of the CARES Act apply to COVID-19 diagnostic tests furnished after the end of the PHE?
- No.
- 4: Do the statutory requirements related to rapid coverage of preventive services for coronavirus under section 3203 of the CARES Act apply to qualifying coronavirus preventive services furnished after the end of the PHE?
- Yes.
- 5. Following the anticipated end of the COVID-19 National Emergency, on what date does the Outbreak Period end?
- Examples, assuming that the Outbreak Period will end July 10, 2023, are provided for electing COBRA, paying COBRA premiums and special enrollment rights.
- 6: Following the expiration of the continuous enrollment condition, if an individual loses Medicaid or CHIP coverage due to a loss of eligibility for such coverage, is the individual entitled to a special enrollment period to enroll in an employer-sponsored group health plan for which they are otherwise eligible and had previously declined to enroll, or a special enrollment period in the individual market?
- Yes.
- 7: What else can employers, particularly those that employ workers who are likely benefiting from Medicaid or CHIP coverage, do to assist their employees in maintaining health coverage?
- Suggestions include special enrollment opportunities. Employers are encouraged to ensure that their benefits staff are aware of the upcoming resumption of Medicaid and CHIP eligibility determinations. Employers can encourage their employees who are enrolled in Medicaid or CHIP coverage to update their contact information with the state Medicaid or CHIP agency and encourage employees to respond promptly to any communication from the state.
- 8. May an individual covered by an HDHP that provides medical care services and items purchased related to testing for and treatment of COVID-19 prior to the satisfaction of the applicable minimum deductible contribute to an HSA?
- Yes.