Extended Benefit Deadlines Explained

The final rule issued by the Department of Labor earlier this month extends certain deadlines associated with group health plans by creating a time frame in which these deadlines can be disregarded.

Click Here To See Examples of How These Deadlines Work

The timeframe termed as “the outbreak period”, extends from March 1, 2020, the declared first day of the COVID-19 national emergency, through 60 days after the declared end date of the national emergency. The national emergency is still active, meaning the end of the outbreak period is yet to be determined.

Group health plan beneficiaries can disregard the timeline of “the outbreak period” when determining if they will elect COBRA coverage (60 days after notice is distributed), pay COBRA premiums, request a HIPAA special enrollment period (30 days after qualifying event), and pay or appeal a claim incurred. The term “disregard” means deadlines associated with these events are not applicable during the outbreak period. The first applicable day of these deadlines would start the day after the outbreak period ends.

Group health plan sponsors can disregard the outbreak period when providing COBRA notices to employees, although the timely 14-day distribution (44 days if an employer is also the plan administrator) after the COBRA qualifying event is a best practice during this time.