How are employees covered with Covid-19 tests?
COVID-19 tests are a pressing issue for employers and employees. Many establishments require testing to ensure an employee is not sick with the virus. Doing so prevents contagion in the workplace. However, the question arises whether the government requires insurance companies to cover the testing expense.
Insurance covers at-home coronavirus tests
According to jdsupra.com, as of January 15, 2022, individual and group health insurance carriers must cover an over-the-counter COVID-19 diagnostic test that the FDA has authorized, approved and cleared for individual use. The Department of Labor (DOL) and Biden Administration are requiring health plans to cover a number of tests. They must cover free eight over-the-counter-at-home tests per individual per month.
Insurance does not cover coronavirus tests for employers
This new provision does not extend to employers. Insurance companies do not have to cover covid testing for employment situations. In fact, the DOL allows insurance plans and issuers to take steps to ensure the covid test was obtained for personal use. They can require that the individual sign an attestation. The individual would attest to obtaining the test for personal and not employment use.
This ruling puts the burden of the expense for covid testing on employers. If they require testing in the workplace, they will need to pay for the tests. They cannot require the employee to use any of their eight free tests for employment purposes.
How insurance companies will enforce or deal with this issue remains to be seen.
Do you have work issues with COVID-19 tests as an employee?
For many years, the Law Office of Peter A. Romero has dealt successfully with all types of employment issues. We provide representation to clients throughout NYC, including in Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan. Call us at (631) 257-5588 or contact us online to schedule an appointment.