CBIZ : COVID-19 Testing & Vaccines – 3 Questions Employers Are Asking

1. Will the FFCRA, as amended by the CARES Act, continue to require individual and group health plans to provide first-dollar coverage for testing of COVID-19?

The required coverage for testing applies through the applicable COVID-19 public health emergency period, which is currently scheduled to end Jan. 20, 2021. It is likely though that it will be renewed for an additional 90 days.

2. Are coronavirus vaccines and other preventive measures deemed a preventive service in accordance with the ACA?

The CARES Act provides that vaccines and other preventive measures are deemed a preventive service and covered without cost share in accordance with the ACA's market provisions. At this time, the vaccine product will be paid for by the federal government as long as certain conditions are met. The health plan will be responsible for the administration cost, such as an office visit for the delivery of the vaccine. In no event can an individual be balance billed. This is an evolving issue and may change over time.

The FDA approved for emergency use the Pfizer vaccine on Dec. 11, 2020. Further, the FDA approved for emergency use the Moderna vaccine on Dec. 18, 2020.

3. Can an employer mandate and should an employer mandate that employees get the COVID-19 vaccine?

It will take time before the approved vaccines are widely available. It is nevertheless a good idea to begin developing a policy. An employer should consider the value of encouraging voluntary compliance versus a mandate. An employer's decision may depend on the facts and circumstances of its employment situation. In either instance, the employer must be aware of and prepared to engage in an interactive process in the event that an individual requests a reasonable accommodation based on religious ground or on medical ground.

On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) added a new subsection K to its guidance, 'What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,' specifically relating to the coronavirus vaccine. This is highly recommended reading for any employer contemplating a vaccine strategy. Topics discussed are:

• Americans with Disabilities Act (ADA) and Vaccinations
• ADA and Title VII Issues Regarding Mandatory Vaccinations
• Genetic Information Nondiscrimination Act (GINA) and Vaccinations

NOTE: Guidance is based on what is known about the COVID-19 testing and vaccines as of Dec. 16, 2020. Please reference the latest updates in our 'FAQ: COVID-19 Testing and Vaccines' and 'COVID-19 Compliance Handbook.'