Employer Role Seen in New Biden Strategy to Combat COVID-19 

Mar 10 2022

The National COVID-19 Preparedness Plan announced by President Biden during his State of the Union Address includes a few noteworthy provisions for employers, though whether Congress will provide the necessary funding for much of the plan is far from clear.

According to the plan, the administration will “work with insurers and Congress to explore public and private insurance coverage of COVID-19 treatments” though no specifics were provided. Of course, group health plan coverage of at-home rapid tests continues to be required during the public health emergency. The plan suggests that approximately 50 million people now have access to free over-the-counter testing because of the financial incentives for group health plans to create options to get tests covered directly at the point of sale included in the implementation guidance.

The plan also seeks to prevent economic and educational shutdowns in part by calling on Congress to provide additional help and resources for workers and workplaces. As part of this effort, the administration says it intends to work with Congress to provide paid sick leave to workers who need to miss work due to COVID-19 or to care for a loved one who has COVID-19. Specifically, the administration would like to reinstate tax credits for small and mid-size businesses to provide paid sick and family leave for COVID-related absences.

Notably, the plan includes a Test to Treat Initiative to allow for faster administration of COVID-19 antiviral pills. The goal is to provide treatment to high-risk individuals as soon as possible. This program, slated to start next week, will include “One-Stop” Test to Treat locations at pharmacies and community health centers where people who don’t have a primary care provider can get tested and access free treatment immediately. There doesn’t appear to be any immediate impact on employer group health plans. Antiviral treatments are currently free and distributed by the administration directly to states and community health centers, and providers are reimbursed for the cost of treating the uninsured.

Days after announcing the plan, the White House asked Congress for additional COVID funding to help with implementation. House Democratic leaders responded by adding a $15 billion COVID aid package to a must-pass government funding bill, but were forced to strip the aid out of the bill before House passage on March 9 after rank-and-file lawmakers objected to financing the aid with money already allocated for their home states in prior pandemic relief laws. House Democrats then introduced a stand-alone COVID aid bill without any claw backs from state or local governments. The House could vote on the bill within weeks, though its prospects are uncertain.

Democrats also almost certainly won’t be able to win enough Republican support in the Senate to renew earlier emergency legislation that required COVID-related sick leave and provided related tax credits to help offset employer costs. An extension theoretically could be enacted as part of a budget reconciliation measure Democrats hope to revive and pass this year without any Republican votes, but that effort faces a number of steep obstacles.

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