Publication
SW Benefits Update: Free COVID-19 Testing Extended for Another 90 Days
By Nancy K. Campbell and Amberlee Conley
On July 23, 2020, the Secretary of the Department of Health and Human Services ("HHS") issued another 90-day extension regarding free COVID-19 testing. The free COVID-19 testing requirement was set to expire on July 25, but will continue through October 23 unless it is again extended.
On June 23, 2020, the Department of Labor, HHS, and the Department of Treasury (collectively the "Departments") issued FAQs About Families First Coronavirus Response Act and Coronavirus Aid, Relief, and Economic Security Act Implementation Part 43 ("FAQ 43") to further clarify the requirements under the Families First Coronavirus Response Act ("FFCRA") and the Coronavirus Aid, Relief and Economic Security Act ("CARES Act"). This SW Benefits Update provides a summary of the key clarifications made by FAQ 43.
In April, the Departments issued an initial set of FAQs regarding the COVID-19 health coverage requirements ("FAQ 42"). For more information about FAQ 42, see our SW Benefits Update, "Asked and Answered: Agencies Issue FAQs on COVID-19 Requirements for Group Health Plans."
Now that the free COVID-19 testing rules are here to stay for another 90 days, and there has been an explosion in COVID-19 testing across the country, employers should consider giving a detailed COVID-19 testing notice to plan participants explaining what is free of charge and what is not, using FAQs 42 and 43 as a roadmap.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
