The U.S. Department of Health and Human Services (HHS) announced its plans for the Public Health Emergency (PHE) for the COVID-19 pandemic to end on May 11, 2023. The Biden administration also expressed its plan to allow the National Health Emergency to end on the same date. Unfortunately, this does not mean that COVID is “over,” but rather that it is no longer an "emergency." What does this mean for employers? Below are a few policy matters for employers to consider.

Testing

With the end of the PHE, private insurers will no longer be required to cover the cost of COVID-19 tests. Employers should consider their testing requirements/protocols, and how employees are expected to comply. Under what circumstances does your organization require/encourage employees to get tested? What is the risk of not testing? How will employees feel if they are required to test at their own expense?

Vaccines

Emergency Use Authorizations for vaccines will not end, meaning the vaccines will continue to be available. However, government funding for the vaccines is ending. Fortunately for individuals, vaccines will be considered a preventive health service covered by most private insurance plans. Does your organization require employees to be vaccinated? How does such a requirement impact your recruitment and retention efforts?

Business Necessity

Last July, the Equal Employment Opportunity Commission updated its Technical Assistance Question and Answers to clarify that employers may administer a COVID-19 viral test if it can show doing so is job-related and consistent with business necessity. Governmental guidance is one of many factors to consider in determining business necessity, so the end of the PHE may have an impact on employers’ practices. Employers should also keep current on the latest guidance from the Centers for Disease Control and Hawaii Department of Health in determining internal policies and practices.

Next Steps

In anticipation of May 11, employers should evaluate their current COVID-19-related policies and practices based on their needs and circumstances. Employers should also work with insurance providers to clarify what will be covered and what will not. Any changes should be communicated to employees, and employers should consider communicating with employees even if no changes will occur.

For more information on the transition off the PHE, see the HHS Fact Sheet: COVID-19 Public Health Emergency Transition Roadmap.