On December 2, 2021, President Biden announced that the Departments of Labor, Health and Human Services (HHS) and the Treasury (the “Departments”) would issue guidance by January 15, 2022 to clarify that individuals who purchase over-the-counter COVID-19 diagnostic tests (“OTC COVID-19 tests”) during the present public health emergency will be able to seek reimbursement from their group health plans or health insurance issuers.
On January 10, 2022, a mere five days before the January 15, 2022 effective date, the Departments jointly issued that guidance, in the form of Frequently Asked Questions (referred to here as “FAQs Part 51”, and available here). The Departments issued FAQs Part 51 to clarify that individuals who purchase OTC COVID-19 tests on or after January 15, 2022 and during the present public health emergency will be able to seek reimbursement from their group health plan or health insurance issuer. FAQs Part 51 updates existing guidance to generally require coverage of OTC COVID-19 tests, with or without an order or individualized clinical assessment by an attending health care provider, as described below.
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