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Overview of COVID-19 Employee Testing and Relevant Regulations

Level: Advanced
Runtime: 60 minutes
Recorded Date: October 29, 2020
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Update: Some of the information provided in this course pertaining to COVID-19 may have been updated - please visit to obtain up to date guidance and information.

  • Who is doing COVID-19 testing in the U.S. currently (e.g., commercial labs, public health labs, hospitals)?
  • Do you need a physician’s order for the test and if so what are the options?
  • Who pays for tests when they are for diagnostic purposes v. back to business purposes?
  • What is likely to be the testing situation in the coming months?
Runtime: 1 hour
Recorded: October 29, 2020


As people begin to return to the office for the “new normal,” businesses face many complexities when attempting to create a safe environment. Employee testing is critical to preventing COVID-19 breakouts that could cripple business operations.

This presentation will focus on COVID-19 testing and relevant regulations. We will cover the types of COVID-19 tests available, the various specimen types used for testing, and regulations determining who can receive the results.

This program was recorded as part of Corporate Counsel's Women, Influence, and Power in Law Virtual Conference held on October 29th, 2020.

Provided By

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Kathryn Kyle

Associate Vice President & Director of Litigation
Laboratory Corporation of America

Kathryn Kyle is the Associate Vice President & Director of Litigation at Laboratory Corporation of America.

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Julie Khani

American Clinical Laboratory Association

Julie Khani is President of the American Clinical Laboratory Association (ACLA), the nation’s leading voice representing clinical laboratories at the forefront of delivering essential diagnostic health information to patients and providers. In her role, Ms. Khani leads ACLA’s advocacy efforts to expand access to vital clinical laboratory services and advance policies that foster the next generation of clinical innovation. She joined ACLA in July 2013 and served in senior roles supporting the trade association’s federal policy development and industry positioning before becoming president in 2017.

Ms. Khani is recognized as an effective leader, consensus builder, and advocate. Prior to joining ACLA, she served in senior roles at the National Association of Chain Drug Stores (NACDS). During her tenure at NACDS, she was instrumental in the inclusion of pharmacy access standards in Medicare Part D, establishing incentives for TRICARE beneficiaries to obtain immunizations at retail pharmacies, and played a leading role in the implementation of the Affordable Care Act provisions on Medicaid reimbursement for generic drugs.

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Vera Powell

Senior Corporate Counsel, Corporate Compliance and Data Privacy
Delta Airlines, Inc.

Vera Powell is a Senior Corporate Counsel at Delta Airlines, Inc.

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Joyce Gresko

Alston & Bird

Joyce Gresko is a partner at Alston & Bird. She serves as general counsel to the American Clinical Laboratory Association (ACLA), whose member laboratories, including LabCorp and Quest, perform the majority of all COVID-19 testing in the U.S.

Each day during the pandemic, her work with ACLA touches on Congressional advocacy, test reimbursement, antitrust issues, and expanding testing capacity.

Recently she has been called on to help clients in other industries—ranging from food and beverage, to banks, to tech companies—as they grapple with issues around employee testing.

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