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How group health, retirement plans are faring during coronavirus concerns

April 2020 employment law letter
Authors: 
Jason P. Lacey, Foulston Siefkin LLP

Employer-sponsored group health plans have drawn attention regarding coverage for certain coronavirus-related costs. For qualified retirement plans, no immediate changes were made, although various types of relief were being considered. For example, one suggestion was to allow individuals to withdraw up to $100,000 from a 401(k) or 403(b) account without paying the 10% excise tax on early withdrawals.

Group health plans

Under the Families First Coronavirus Response Act (FFCRA), all group health plans are now required to provide coverage for COVID-19 testing without imposing deductibles, copayments, or other cost sharing—and without requiring prior authorization or imposing other medical management standards. The coverage must include both the cost of the test and related services, such as charges for office, telehealth, urgent care, or ER visits and the collection of testing samples.

The FFCRA's testing mandate applies to all types of group health plans, including fully insured plans, self-insured plans, high-deductible health plans (HDHPs), and plans that are otherwise “grandfathered” from certain Affordable Care Act (ACA) requirements. The mandate also applies to fully insured plans sold in the individual insurance market.

The mandate applies only to coverage of coronavirus testing and related services. Coverage of treatment for COVID-19 remains subject to the terms of each plan, including applicable cost-sharing requirements.

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