Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests Effective January 15, 2022

On January 10, 2022, the Departments of Labor, Health and Human Services, and Treasury (collectively the “Departments”) issued Affordable Care Act FAQs Part 51 which addresses, in relevant part, payment for over-the-counter (“OTC”) COVID-19 testing. Shortly after, on February 4, 2022, the Departments issued Affordable Care Act FAQs Part 52 which prospectively modifies the Direct Coverage Safe Harbor from FAQs Part 51 and clarifies other aspects of the OTC COVID-19 testing requirements.  For more information about the OTC COVID-19 testing and its impact on employer-sponsored group health plans, see our updated SW Benefits Update, “Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests Effective January 15, 2022 – Six *Updated* Takeaways.”