The Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury prepared FAQs regarding implementation of the Families First Coronavirus Response Act (FFCRA) and the CARES Act. Section 6001 of the FFCRA requires group health plans and health insurance issuers offering group or individual health insurance coverage to provide benefits for certain items and services related to diagnostic testing for the detection of or the diagnosis of COVID-19. Under the FFCRA, plans and issuers must provide this coverage without imposing any cost-sharing requirements (including deductibles, copayments and coinsurance) or prior authorization or other medical management requirements.

Further, DOL issued additional FAQs designed to help employee benefit plan participants and beneficiaries, as well as plan sponsors, and employers, impacted by the COVID-19 outbreak understand their rights and responsibilities under Title I of the Employee Retirement Income Security Act of 1974 (ERISA). This guidance – in reference to the above FAQs – permits plans to:

  • Add telehealth and other remote health services, in addition to services related to diagnosis and treatment of COVID-19, mid-year and without providing 60 days’ advance notice as required under federal law.
  • COVID-19 FAQs for Participants and Beneficiaries