In March, HEC reported that the Biden Administration had announced its plans to allow the Public Health Emergency (PHE) and National Health Emergency (NHE) to expire on May 11, 2023. However, on April 11, 2023, President Biden signed a joint congressional resolution (H.J. Res. 7) which immediately ended the NHE. The NHE, which was first enacted by President Trump on March 13, 2020, essentially allowed the federal government to take sweeping steps to respond to the virus and support the country’s economic, health and welfare systems. As the need for the National Emergency decreased, federal agencies are returning to normal procedures.

While the NHE effectively ended on April 11, the PHE, issued on January 31, 2020, by then-Secretary of Health and Human Services, Alex Azar, is still on track to expire on May 11, 2023.

The earlier end date of the NHE impacts employers due to the joint regulation from the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) that extended certain timeframes for employee benefit plans. The extensions were set to expire 60 days after the announced end of the NHE. Therefore, the extensions will end on June 9. Employers should work with their plan providers regarding this transition back to the normal schedule.

Although formal national and state emergency declarations related to COVID-19 are now or will soon be over, COVID-19 (and its variants) remains active. The Hawaii Department of Health (DOH) still provides COVID-19 related information on its website at https://hawaiiCOVID19.com/,which includes actions that may be taken to help prevent the spread of COVID-19 such as: (1) getting your vaccine or booster; (2) continuing safety practices such as wearing a mask and hand washing; and (3) getting tested if experiencing COVID-19 symptoms.

The DOH website also maintains its Isolation and Exposure Guidance for individuals and Workplace Guidance to create a safe workplace, which includes setting expectations regarding employee illnesses, emphasizing healthy practices, minimizing face-to-face contact, and performing routine cleaning.

As the “emergency” phase of the COVID-19 pandemic winds down, many employers have been eliminating, updating, or creating new internal policies related to COVID-19 and other contagious diseases. HEC members may contact their HR Consultant to discuss current best practices and guidance for their particular circumstances.

For more information on preparing for the anticipated end of the PHE on May 11, 2023, see the FAQs issued by the DOL and IRS on March 29, 2023.