Tag Archives: Federal Legislative Update

Preparing For The End of COVID-19 Emergency Periods

The COVID-19 pandemic brought multiple temporary changes for ERISA-governed group health and welfare plans. Certain coverage mandates apply for only the duration of the COVID-19 “Public Health Emergency” (the PHE), and the ERISA deadline relief applies only during the COVID-19 “Outbreak Period” (the Outbreak Period). Impact of the Public Health Emergency The secretary of the […]

ACA and Reproductive Health Rights

Due to the overturning of Roe v. Wade, on June 25, 2022, the U.S. Department of Health & Human Services (HHS) issued a press release which provided information about the right to access to contraception. The main takeaway is a reminder that under the Affordable Care Act (ACA), most health plans are required to provide birth control and family […]

OSHA Extends the National COVID-19 Emphasis Program

The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022 that it would extend its Revised National Emphasis Program for COVID-19 (NEP) until further notice. Originally launched in March 2021, the Program was set to expire on July 7, 2022. The NEP focuses enforcement efforts on companies that put the largest number of workers at serious risk of […]

IRS Extends Deadlines for SECURE and CARES Amendments

In Notice 2022-33, issued on August 3, 2022, the Internal Revenue Service (IRS) extended deadlines for amending a retirement plan or individual retirement arrangement (IRA) to reflect specific provisions of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), the Bipartisan American Miners Act of 2019 (Miners Act), and the Coronavirus Aid, […]

ACA Affordability Threshold Decreases for 2023

On July 25, 2022, the IRS announced (IRS Rev. Proc. 2022-34) that the Affordable Care Act’s (ACA) affordability threshold will be 9.12 percent, reduced from 9.61 in 2022, for plan years beginning in calendar year 2023 (after December 31, 2022). Under the ACA’s Employer Shared Responsibility provision (Play or Pay), large employers (those with an […]

Proposed Rule to Reinstate Health Care Protections for LGBTQ Workers and Other Groups

The U.S. Department of Health and Human Services (HHS) announced a proposed rule implementing Section 1557 of the Affordable Care Act (ACA)(Section 1557) that prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities. The proposed rule affirms protections against discrimination on the basis of sex, including […]

The US DOL Updates Its CHIP Model Notice

The US DOL has released a new model Employer CHIP Notice which is current as of July 31, 2022. Employers with group health plans that cover participants in states that provide premium assistance subsidies through Medicaid or the Children’s Health Insurance Program (CHIP) are required to notify their employees annually, even if, the employer’s location or principal place […]

CDC Relaxes COVID-19 Quarantine & Isolation Guidelines

On August 11, 2022, the Centers for Disease Control and Prevention (CDC) relaxed its guidance on isolation and quarantine following exposure to the coronavirus and includes updates on masking, social distancing and isolation, after testing positive for COVID-19. Below are key highlights from the updated guidance. Close Contact The CDC previously recommended a five-day period of quarantine […]

DHS Seeking Public Comments on Optional Alternatives to the Physical Document Examination Associated with Form I-9 Verification

As we previously reported, the Department of Homeland Security (DHS) continues their progression towards issuing a proposed rule to permanently allow virtual document examination options for reviewing the Form I-9 in certain circumstances is advancing. On August 18, 2022, DHS released a Notice of Proposed Rule Making (proposed rule). The proposed rule does not address the ability to […]

Monkeypox: What We Know & Employer Considerations

On July 23, 2022, the World Health Organization declared the ongoing monkeypox outbreak a “Public Health Emergency of International Concern.” Multiple other jurisdictions swiftly followed suit, including New York which declared a disaster emergency on July 29, 2022. As of the date of this publication, there are no employer health and safety requirements specific to monkeypox at the federal […]