Centers for Disease Control and Prevention Archives

Tri-Agencies Address Preventive Services Coverage in the Wake of Braidwood

by Sarah Raaii, Jacob Mattinson, Alden Bianchi and Teal Trujillo | May 5, 2023 | Employee Benefits, Health and Welfare Plans

The US Departments of Labor, Health and Human Services, and the Treasury (the Departments) have released a series of Frequently Asked Questions (FAQs) in response to Braidwood Mgmt. Inc. v. Becerra, a recent case that invalidated a portion of the Affordable Care Act (ACA) preventive services mandate. The FAQs aim to address inquiries from stakeholders, while also emphasizing the Departments’ opposition to the Braidwood ruling. The Departments urge plans and issuers to continue providing coverage for preventive services at no additional cost to patients.

Read more here.

EEOC Potentially Limits Employer’s Right to Mandate COVID-19 Testing

by Abigail M. Kagan, Michelle S. Strowhiro and Lindsay Ditlow | Aug 3, 2022 | Employee Benefits, Employment, Health and Welfare Plans

On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on December 14, 2021, provided that COVID-19 viral testing was permissible for on-site employees and did not run afoul of the Americans with Disability Act (ADA) due to health and safety priorities of the pandemic, the recent EEOC updates now only permit screening and viral testing measures when such measures are job-related and consistent with business necessity, holding COVID-19 testing to the same standard as other workplace medical tests. The July 12 update “makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening of employees to prevent workplace transmission of COVID-19,” the EEOC said.

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As Some Healthcare Employees Work While Sick, Could Other Industries Follow Suit?

by Abigail M. Kagan | Jan 26, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

Throughout the latest COVID-19 wave, some healthcare employers have relaxed safety measures to bring COVID-positive employees back to work. According to this Corporate Counsel article, these decisions may signal a new direction in how businesses deal with safety measures as they navigate a competitive labor market and demand. McDermott’s Abigail M. Kagan noted many healthcare facilities are doing their best to balance employee safety with workplace strain.

“If a patient hears that their nurse has tested positive that morning, the patient may be uncomfortable,” Kagan noted. “ … On the other hand, if it’s the difference between having no nurse, or having a nurse that medical authorities in the (United States) seem to believe is not going to be contagious anymore, that’s something that employers have to think about.”

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Vaccine Requirements in the Workplace

by Michelle S. Strowhiro | Oct 6, 2021 | Employee Benefits, Employment, Health and Welfare Plans

As more and more private and public companies require vaccinations, employees are finding it increasingly difficult to avoid these mandates. In this BBC Radio 5 Live interview, McDermott Partner Michelle Strowhiro noted that US employers have a right to mandate vaccination for any employee that is in an employer’s office.

“As such, if an employee is violating that policy and is coming into an office unvaccinated, an employer can take action and terminate that employee,” Strowhiro said.

Access the audio.

Business Groups Want to Have a Say in Biden’s Vaccine Requirement

by Michelle S. Strowhiro | Oct 1, 2021 | Employment

While many of the United States’ largest corporations don’t oppose the Biden administration’s vaccine requirements for many employers, those companies say many of their questions about the administration’s rule have gone unanswered. The new rule requires employers with more than 100 employers to mandate COVID-19 vaccinations or require weekly testing of employees.

In an article published in The Hill, McDermott Partner Michelle Strowhiro said some employers may decide to scrap the testing alternative altogether.

“Administratively, it’s going to be quite burdensome for employers, especially large employers with hundreds or thousands of employees, to track weekly the testing results for employees,” Strowhiro said.

Access the article.

Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students

by Michelle S. Strowhiro, Dawn Peacock, Brian Mead and Michael J. Sheehan | Sep 2, 2021 | Employment, Health and Welfare Plans

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are medically able must wear face coverings indoors and in other specified settings.

In addition, the Order mandates COVID-19 vaccination for certain professionals in healthcare and education, as well as for students and state employees, subject to certain exemptions which require regular COVID-19 testing.

Read more here.

COVID-19 Laws and Regulations: A Midyear Update

by McDermott Will & Emery | Jul 22, 2021 | Employee Benefits, Employment, Health and Welfare Plans

As employers navigate evolving COVID-19 state and federal rules, workplaces will have to stay vigilant about changes throughout the second half of 2021. These include changes to mask mandates, the Occupational Safety and Health Administration’s Emergency Temporary Standard and the New York Health and Essential Rights (HERO) Act.

Recent US Equal Employment Opportunity Commission guidance, for example, confirmed what employment lawyers had already been counseling businesses to do, according to McDermott partner Carole A. Spink in a recent Law360 article.

“The guidance was important because it did clarify that employers can provide incentives for voluntary programs. [There] was a big open question about, ‘Am I going to get into trouble because I’m trying to incentivize people to be vaccinated?'”

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Business Leaders Must Confront the Corporate Impact of the CDC Mask Controversy

by Michael W. Peregrine | Jun 17, 2021 | Employee Benefits, Employment, Health and Welfare Plans

When the US Centers for Disease Control and Prevention (CDC) relaxed its mask guidance in May, the news caught many people—especially corporate America—off guard.

In this Forbes article, McDermott partner Michael W. Peregrine argues that companies need to provide stakeholders with clear health and safety messaging in light of mandates from state and local governments.

“Companies can ill-afford to drift in the wind of confusion and controversy, and they can’t be blindsided by further guidance change should there be an increase in reported cases or should variants, like those first found in India, surface in the United States,” Peregrine writes.

Access the article.

Preparing Your Workplace: How to Navigate Safety Mandates and Recommendations

by Stephania Sanon and Michelle S. Strowhiro | Jul 2, 2020 | Employment

Several months into the COVID-19 pandemic, businesses are thinking about returning to work and what this will look like in practice. While it will not be business as usual, this article highlights how employers can prepare their workplaces and navigate safety mandates and recommendations.

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Can Companies Be Held Liable When Their Employees Fall Ill with Coronavirus?

by Michelle S. Strowhiro | Jun 30, 2020 | Employment

While the Occupational Safety and Health Administration (OSHA) has not released specific standards covering COVID-19, Michelle Strowhiro, a partner in the Los Angeles office of McDermott Will & Emery, is quoted in a recent ABA Journal article saying that employers could face risks under Occupational Safety and Health Act’s general duty clause if they don’t take steps to protect their workplace and ensure it is not exposed to individuals who may have contracted the virus.

Access the full article.

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