Legal Update: Agencies Issue Guidance on Coverage of OTC COVID-19 Tests

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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.

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