EEOC Antibody Testing Guidance in Return to Work Decisions

Issued date: 06/25/20

The Centers for Disease Control (“CDC”) and the Equal Employment Opportunity Commission (“EEOC”) are cautioning employers from using antibody testing as part of a return to work strategy. This guidance is based on information known to date and could be revised in the future should antibody testing become more reliable. For now, antibody testing should not be used in return to work strategies.

It should be noted that group health plans must cover COVID-19 testing, and other services resulting in the order for a COVID-19 test, without cost-sharing (i.e., no copays or deductibles), through the end of the emergency period (currently July 25, 2020, unless extended or shortened). An antibody test in this context would be covered at 100%. Generally, such a test would relate to the items and services furnished during a healthcare provider office visit for the evaluation of an individual for COVID-19 and is not part of a return to work strategy.

The following provides additional background.