Trump Administration Issues COVID-19 Vaccine And Transparency Rules

In late October, the Trump Administration, through the Departments of Health and Human Services ("HHS"), the Treasury, and Labor ("Departments"), issued two different rules — one implementing the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") COVID-19 vaccine mandate, and the other implementing the Affordable Care Act's transparency mandate. These rules were part of a rush of health care regulations pushed out the door in the last few months of the Trump Administration.

On October 28, 2020, the Departments released an interim final rule with request for comment ("IFC") that, among other things, amends current regulations regarding coverage of preventive health services to implement the requirement under the CARES Act that group health plans and health insurance issuers provide "rapid coverage" of services and vaccines related to the prevention of COVID-19. The IFC also implements provisions in the CARES Act that require providers of COVID-19