Employee Covid-19 Tests—When Must Employers Pay?

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s Stephen Lucke, Melinda Maher, Katie Ervin Carlson and Flossie Neale for the following article:

Although large employers are no longer subject to OSHA’s vaccine-or-test mandate, some may choose to require testing on their own. There are a number of factors employers must consider in determining whether to voluntarily implement a vaccine-or-test policy for employees. One significant factor for self-funded employers is who pays for testing under such policies. In this article, published earlier this month by Bloomberg Law, we summarize current laws and regulations governing payment of both “over the counter” and traditional Covid-19 tests. Among other things, employers who wish to cover such should consider compliance issues, and self-funded employers should consider how testing costs may affect their health care spend.

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Stephen P. Lucke

Steve represents businesses, employers, insurers, and fiduciaries in ERISA, consumer law, intellectual property, insurance coverage, and commercial litigation matters.

Katie Ervin Carlson

Katie helps employers make day-to-day decisions that are legally sound and that reduce the potential of future liability.

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