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COVID-19 and Employee Benefits #8: Updated Guidance for Health Plans on COVID-19 Testing

On Feb. 4, 2022, in response to a number of questions from various stakeholders about FAQs Part 51, regarding the requirement for individual and group health plans to cover over-the-counter (OTC) COVID-19 tests, the U.S. Departments of Labor, Health and Human Services, and Treasury (collectively, the departments) issued five additional frequently asked questions (FAQs) clarifying certain aspects of the expanded COVID-19 test requirement.

When health insurance issuers and group health plan sponsors raised several issues — particularly as to the “safe harbors” provided in FAQ Part 51, Q2 and Q3 and operational issues — the departments generally recognized prudence in providing additional flexibility regarding the provision of OTC COVID-19 tests. More specifically, the FAQs provided clarity on the following:

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