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November 16, 2020

The Departments of Health and Human Services, Labor, and Treasury issued an interim final rule on November 6 to implement certain healthcare provisions under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

The interim final rule does the following, among other things:

  • Implements Section 3203 of the CARES Act, which requires group health plans and insurers in the group and individual markets to provide coverage, without cost sharing, for COVID-19 preventive services—including COVID-19 vaccines recommended by the Centers for Disease Control and Prevention—within 15 business days of the service recommendation.
  • Implements Section 3713 of the CARES Act, which requires coverage of a COVID-19 vaccine under Part B of the Medicare program without cost sharing.
  • Relaxes public notice and post-award participation requirements for Section 1332 waivers during the COVID-19 public health emergency.

Additionally, the interim final rule implements Section 3202(b) of the CARES Act, which requires providers to make public the cash prices of COVID-19 diagnostic tests. The Departments seek comments on whether and to what extent these transparency requirements affect group health plans and insurers in the group and individual markets, among other things. Comments are due January 4, 2021.

The interim final rule became effective on November 2, 2020 and can be found here.