Insurers Not Required to Cover Employer-Mandated COVID-19 Tests

On June 23, 2020, the Departments of Health and Human Services, Treasury, and Labor jointly issued guidance clarifying insurer obligations under the Families First Coronavirus Response Act (FFCRA) enacted on March 18, 2020 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020. More specifically, the guidance provides that the FFCRA only requires coverage of items and services for individualized diagnostic purposes. Testing conducted to screen for general workplace health and safety (such as employee “return to work” programs), for public health surveillance for COVID-19, or for any other purpose not primarily intended for individualized diagnosis or treatment of COVID-19 or another health condition is not required to be covered by insurers.

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