The Washington Report

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April 12, 2023

Note to Subscribers

While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.

Legislative

 

Congress Adjourned for Spring Recess
Congress adjourned for spring recess on March 31, 2023. The chambers are scheduled to return to the Hill the week of April 17.

Aon Publications

 

DUELING RULINGS: Conflict Between Federal Courts Sets Up Further Challenges on Access to Mifepristone
Federal district courts in Texas and Washington State issued conflicting rulings within an hour of each other on April 7 regarding the Food and Drug Administration’s approval and regulation of the drug mifepristone, which is used in medication abortion and for other purposes. These conflicting rulings set up additional court action that is expected as soon as this week.

This Aon bulletin addresses the following:

• Background on the two cases;
• What’s next in the courts; and
• What should employer group health plans do now.

The Aon bulletin is available here.

President Signs Congressional Resolution Ending COVID-19 National Emergency on April 10, but Public Health Emergency Continues Until May 11
On April 10, 2023, President Biden ended the National Emergency Declaration (NED), signing a Congressional Resolution terminating the NED on April 10, 2023.

The NED governs the Outbreak Period, during which group health plans disregarded certain time periods for determining COBRA, ERISA, and HIPAA deadlines. Under previous administration guidance, the NED had been set to end on May 11, 2023, with the Outbreak Period ending on July 11, 2023.

Now, with the NED having terminated on April 10, the Outbreak Period will end on June 9, 2023, thus affecting:

• COBRA election and payment deadlines;
• ERISA claims and appeals deadlines; and
• HIPAA special enrollment right events.

The Aon bulletin is available here.