Hypothetical: Agent has an employer client who took advantage of the tolling deadlines for COBRA. The employer has several employees who are still in their one-year tolling period.

1. What information and guidance can the agent provide their client regarding the following to prepare for the end of the National Emergency?

COBRA beneficiaries in their election period

Although legislation to end the national emergency (NE) was signed by the President on April 10, 2023, the Department of Labor has indicated the end date of the outbreak period is July 10, 2023, and not June 9, 2023 (60 days after the April 10 signature). The end of the outbreak period allows employers and plan sponsors to begin applying the traditional waiting period to elect COBRA. Brokers can assist employers with reviewing all communications sent to COBRA beneficiaries regarding deadlines to elect continuation of coverage and sending updated notices. The tolling of COBRA deadlines provided a one-year tolling period where the traditional deadline of 60 days was disregarded. However, the rules indicated the timeline would begin the earlier of one year from the date they were first eligible to elect COBRA or 60 days after the end of the outbreak period. The 60-day timeline for COBRA beneficiaries who are still in their one-year tolling period will begin to run on July 10, 2023. For example, a COBRA beneficiary in their election window had a traditional deadline of October 1, 2022. With the tolling of deadlines, their deadline to elect COBRA is the earlier of October 1, 2023 (one year later), or September 8, 2023 (60 days after the end date of the outbreak period). Brokers can support their employer clients by encouraging proactive communication with COBRA beneficiaries in their tolling period.