Those of you in the State of New Mexico are probably already aware that the public health order for Covid-19 in this state ended on March 31, 2023. Recently, the US Department of Labor posted information in its Blog about what it means if the Federal Public Health Emergency ends, as expected, on May 11, 2023.

While some of the policies that are in place right now to respond to the emergency will end, the Department of Labor’s Employee Benefits Security Administration (EBSA) signified that they will assist in preparing for the transition. Below is information that you will want to be aware of as it may affect your staff.

If the emergency ends, as expected, health plans will no longer be required to cover diagnostic testing, including over the counter testing, but may do so at their own discretion.

While health plans will still cover vaccines, employees who get a vaccine from an out of network provider may be impacted by cost-sharing, at the health plan’s discretion.

During the emergency many health plans were required to provide longer election periods such as when the employee had family status changes and were allowed to take more time to meet Consolidated Omnibus Budget Reconciliation Act (COBRA) deadlines or to submit claims and appeals. These deadlines will change.

Many plans expanded telehealth services and the continuation of coverage for these services will be at the discretion of the health plan.

While the following may not affect your employees, it is important to know that states may resume Medicaid and the Children’s Health Insurance Program) CHIP eligibility reviews meaning that some individuals could be disenrolled, but those individuals may be eligible to purchase a health plan through the Marketplace.

You will want to talk to your health plans about the changes and should direct your staff to also speak with their health plan for specifics. As noted above, EBSA will also be available for information.

If you would like to keep up to date on the latest changes affecting the world of Human Resources and how it may affect your business, contact us at SWHRC today!

Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar


Phone: 505-270-7494 | Email:

PO Box 14274 | Albuquerque, NM 87191

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