Publication

SW Benefits Update: Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests Effective January 15, 2022 – Six *Updated* Takeaways

May 19, 2022

By Allison B. Bans

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.

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