Agencies Issue FAQs on Coverage of COVID-19 Diagnostic Testing
On Feb. 4, 2022, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury (Departments) jointly issued FAQs (FAQs Part 52) regarding coverage of over-the-counter (OTC) COVID-19 tests.
- The new FAQs amend the prior guidance on OTC COVID-19 tests to ensure that plans and issuers have significant flexibility in how they provide access to those tests.
- The Departments provide examples of steps that plans and issuers can take to prevent and address fraud and abuse.
- The cost of OTC COVID-19 tests can be reimbursed by a health FSA or health savings account (HSA), but not if the cost is paid for or reimbursed by another health plan.
Click here to learn more and download the latest Compliance Bulletin
Legal Update: OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule
On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register. The expected publication date is Jan. 26, 2022.
OSHA is withdrawing the vaccination and weekly testing standard as an ETS, but not as a proposed permanent rule.
Important Dates:
- Nov. 5, 2021
- OSHA published the ETS both as an emergency rule and as the proposed the rule for its permanent standard.
- Jan. 13, 2022
- The Supreme Court ordered a stay on the implementation and enforcement of OSHA’s COVID-19 ETS.
- Jan. 25, 2022
- OSHA announced it will be withdrawing its COVID-19 vaccination and weekly testing ETS.
How to Get Your Free At-home COVID-19 Tests
If you participate in a health plan—through or otherwise—you are likely eligible for free, over-the-counter COVID-19 tests for home use.
- Get the below questions answered.
- Up to what price is covered?
- Do I need to purchase the test at a certain location for it to be free?
- How will I be reimbursed for my test?
- How long will reimbursement take?
- What if I cannot afford to pay for a test upfront and wait for reimbursement?
- Can I be reimbursed for past COVID-19 tests I purchased?
- Is there a limit on the number of tests I can be reimbursed for?
- My workplace requires weekly COVID-19 testing. Can I be reimbursed for these tests?
- Where can I learn more?
How Employers Can Move Forward Following the OSHA ETS Block
On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to halt OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS). This means that employers are no longer required to develop COVID-19 vaccination or testing policies for their workplaces. However, employers may still want to take steps to reduce potential COVID-19 exposures for their employees. This article provides more information about the current status of the OSHA ETS and ongoing COVID- 19 safety considerations for employers.
OSHA ETS Litigation Overview
Can the OSHA ETS Return?
The SCOTUS did not permanently get rid of the OSHA
ETS. The stay that has been issued is temporary in
nature; OSHA could bring back the ETS through a
permanent rule, which the agency has already
started to implement and is currently in the
comment period. If the permanent rule for the ETS
gets finalized, it would likely be met with further
litigation. In other words, although the ETS has not
been ultimately struck down, the prognosis of future
ETS implementation remains uncertain.
Supreme Court Stays OSHA Vaccination and Testing ETS: Employer Takeaways
On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay OSHA’s vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees. This infographic explains the ruling and its impact on employers.
Legal Update: Agencies Issue Guidance on Coverage of OTC COVID-19 Tests
On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.
At-home COVID-19 tests must be covered even if they are obtained without the involvement of a health care provider.
Important Dates:
- Dec. 2, 2021
- President Biden announced that guidance would be issued clarifying coverage of OTC COVID-19 tests.
- Jan. 10, 2022
- Federal agencies issued the guidance implementing the requirements for coverage of OTC COVID-19 tests.
- Jan. 15, 2022
- Deadline for plans and issuers to provide coverage for OTC COVID-19 tests available without a health care provider order or assessment.
Legal Update: Supreme Court Stays OSHA ETS Vaccination and Testing Mandate
On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to
establish a mandatory vaccination policy requirement for private employers with 100 or more employees.
Given this new stay, employers are not required to comply with the OSHA ETS vaccination and testing mandate at this time.
Important Dates:
- Dec. 17, 2021
- The 6th Circuit reinstates the ETS.
- Jan. 13, 2022
- SCOTUS stays the ETS and sends it back to the 6th Circuit.
Legal Update: PCORI Fee Amount Adjusted for 2022
The Internal Revenue Service (IRS) has issued Notice 2022-04 to increase the Patient-Centered Outcomes Research Institute (PCORI) fee amount for plan years ending on or after Oct. 1, 2021, and before Oct. 1, 2022. The updated PCORI fee amount is $2.79 multiplied by the average number of lives covered under the plan.
At-home COFor plan years ending on or after Oct. 1, 2021, and before Oct. 1, 2022, the PCORI fee amount was increased to $2.79 per covered life.
Key Facts:
- Covered Plans
- The PCORI fees generally apply to insurance policies providing accident and health coverage and self-insured group health plans.
- Applicability Dates
- The PCORI fee applies to plan or policy years ending after Sept. 30, 2012, and before Oct. 1, 2029.
- Payment Deadline
- PCORI fees are due for plan or policy years ending in 2021 on Aug. 1, 2022.
Legal Update: Agencies Issue Guidance on
Coverage of OTC COVID-19 Tests
On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.
At-home COVID-19 tests must be covered even if they are obtained without the involvement of a health care provider.
Important Dates:
- Dec. 2, 2021
- President Biden announced that guidance would be issued clarifying coverage of OTC COVID-19 tests.
- Jan. 10, 2022
- Federal agencies issued the guidance implementing the requirements for coverage of OTC COVID-19 tests.
- Jan. 15, 2022
- Deadline for plans and issuers to provide coverage for OTC COVID-19 tests available without a health care provider order or assessment.
National Birth Defects Prevention Month
About 1 out of every 33 babies in the United States is born with a birth defect. These can be minor or severe, ranging from structural (e.g., cleft lip or spina bifida) to functional and developmental (e.g., Down syndrome or cystic fibrosis).
January is National Birth Defects Prevention Month. While not all birth defects can be prevented, there are some ways to increase your chances of having a baby not affected by congenital conditions or disabilities. It comes down to being your healthiest self both before and during pregnancy. Keep in mind that whatever’s best for you is best for the baby. The Centers for Disease Control and Prevention recommends that you see your health care provider regularly and start prenatal care as soon as you think you may be pregnant.
Take action: View and download the latest National Health Observance newsletter – PDF
Client and Employee Resources
The more your employees understand your benefit plans the more they become educated, empowered consumers. The programs you provide will also gain an enhanced value.
As your strategic partners in employee benefits, we can provide multiple avenues of ongoing support, including:
- Employee Meetings (English and Spanish)
- Webcasts
- Payroll Stuffers
- Poster Campaigns
- Newsletters
Carrier Directories
E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. Click the image below to begin.
