As the COVID-19 pandemic continues, our clients are dealing with rapidly evolving compliance issues with respect to health and welfare benefit plans and the implementation of existing and new regulatory requirements. Below is a chart providing links to guidance issued by various government agencies with respect to health and welfare plan issues related to COVID-19. This chart is current as of May 12, 2020. There are a number of questions and issues outstanding, and we expect further guidance. Please contact your Faegre Drinker attorney with questions and/or updates regarding this guidance.
|1.||DOL, HHS, and Treasury FAQs on FFCRA and CARES Act Implementation||Addresses coverage of COVID-19 testing and telehealth services.||FAQs About FFCRA and CARES Act Implementation Part 42 (April 11, 2020)
|2.||DOL temporary rule for paid sick and family leave under FFCRA and CARES Act||Addresses requirements to maintain group health plan coverage during this paid leave (requirements are similar to FMLA rules)||DOL Reg. 826.10-826.160, 66 Fed. Reg. 19326 (April 6, 2020)
|3.||IRS Notice on HDHPs and COVID-19||Allows HDHPs to provide COVID-19 testing without a deductible||IRS Notice 2020-15, High Deductible Health Plans and Expenses Related to COVID-19 (March 11, 2015)
 Families First Coronavirus Response (FFCR) Act, signed into law on March 18, 2020. FFCRA Section 6001 requires coverage of diagnostic testing for COVID-19.
 Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, 2020. The CARES Act contains several provisions related to health and welfare benefit plans: (1) Section 3201, coverage of diagnostic testing for COVID-19; (2) Section 3202, pricing of diagnostic testing; (3) Section 3203, rapid coverage of preventive services and vaccines for coronavirus, (4) Section 3221, confidentiality and disclosure of records relating to substance use disorder; (5) Section 3224, guidance on protected health information; (6) Section 3701, exemption for telehealth services; and (7) Section 3702, inclusion of certain over-the-counter medical products as qualified medical expenses.
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