Hot(line) Topics: End of COVID Emergency

By Ben Opp, SPHR, HR Hotline Advisor
Published May 16, 2023

Many HR Source members have recently reached out with questions regarding the expiration of COVID-19 emergency orders and any needed policy or practice changes. Our guidance is below.

What emergency orders are ending, and when?
On April 10, 2023, the COVID-19 National Emergency was ended by congressional resolution, about three weeks earlier than anticipated. Separately, the COVID-19 Public Health Emergency (PHE) declaration ended on May 11, 2023.

What impact will this have on employers and employees?
The most significant concern for employees is likely to be the introduction of cost-sharing for COVID-19 testing. Since the PHE was declared, health insurance carriers have been required to cover COVID testing without a co-pay; this requirement has now expired. If employees are not aware of this change, they may be surprised to discover that a prescription co-pay is now required when they purchase at-home COVID test kits at a pharmacy, or when they receive a cost-sharing bill for laboratory-based COVID testing services.

The COVID-19 vaccine mandate for federal contractors has also expired. Given that enforcement of the mandate was already suspended due to legal challenges, the impact on employers will be minimal.

Finally, flexibilities in COBRA enrollment and payment deadlines in place during the pandemic are set to expire on July 10, 2023. The U.S. Department of Labor recently published a blog post addressing the impact of these changes and providing guidance for employers.

Do employees still need to quarantine or wear masks?
The Centers for Disease Control (CDC) has not given any indication that these protocols will be changed or discontinued in concert with the expiration of the emergency orders. As a leading practice, employers should continue to follow these guidelines when they become aware of an employee who was exposed to, or tests positive for, COVID-19. Our Field Guide to COVID-19 Employee Isolation will continue to be updated if and when these protocols change.

HR Source members with questions about the expiration of these orders are invited to contact the HR Hotline online or by phone at 800-448-4584.