Important guidance regarding COVID-19 testing in the workplace was recently issued by the Centers for Medicare & Medicaid Services (“CMS”) in the form of Frequently Asked Questions regarding Over the Counter (“OTC”) Home Testing and CLIA Applicability.
CMS regulates clinical laboratory testing pursuant to the federal Clinical Laboratory Improvement Act (“CLIA”). Generally, a laboratory or clinical setting (such as a physician’s office) must obtain CLIA certification to perform laboratory testing. Some OTC tests, however, are approved by the Food and Drug Administration (“FDA”) for home use and the new FAQs address the use of OTC home tests in the workplace.
Blog Editors
Recent Updates
- New York City Publishes Final Rules Related to the Earned Safe and Sick Time Act
- Watch: Beyond the EEOC - the Widening Divide in Disparate Impact Enforcement - Employment Law This Week
- The Death of Disparate Impact? What Recent DOJ Guidance Signals to Employers
- Watch: The NLRB Is No Longer Independent—What Employers Need to Know - Employment Law This Week
- Defunding DEI Hits a Legal Wall: Courts Shield Federal Funding Recipients from Biased Artificial Intelligence (AI) Overreach