Seyfarth Synopsis: On
March 19, Senator McConnell introduced the Coronavirus Aid, Relief,
and Economic Security (CARES) Act. While the Act largely focuses on
economic relief for businesses and individuals, it did contain
certain provision impacting benefit plans (for more on the
potential impact for retirement plans, click here). Notably, the CARES Act replicates and
builds off of the COVID-19 testing provisions from the Families
First Coronavirus Response Act, as described below.
As we described in our earlier Beneficially Yours blog posts (here, here and here), the Families First Act required health
plans to offer free testing for COVID-19 and any related admissions
(including telehealth fees relating to testing). The CARES Act
appears to serve as a technical correction, of sorts, with respect
to the testing mandate under the same text from Families First and
clarifies certain unanswered questions facing plan
sponsors. Specifically: