DOL Addresses Health Plan Coverage For Return-to-Work COVID Testing And Other Pressing Issues

Seyfarth Synopsis: On June 23, 2020, the DOL issued additional FAQs relating to the COVID-19 testing mandate under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security Act (CARES Act). FFCRA and CARES Act require that employer health plans cover testing for the coronavirus and COVID-19 with no cost sharing. See our earlier posts on this [here, here, here and here].

The FAQs, available here, contained several important clarifications for health plan sponsors and employers considering return-to-work strategies:

• Scope of Covered Tests. Employer health plans only have to cover the costs of COVID tests that have been approved by the FDA and tests for which the developer intends to (or has) requested emergency use authorization from the FDA (until such time as the FDA denies the application/request for emergency use authorization). If a participant has taken a test that is not FDA-approved, the plan is permitted to