Legal Update: OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule
On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register. The expected publication date is Jan. 26, 2022.
OSHA is withdrawing the vaccination and weekly testing standard as an ETS, but not as a proposed permanent rule.
Important Dates:
- Nov. 5, 2021
- OSHA published the ETS both as an emergency rule and as the proposed the rule for its permanent standard.
- Jan. 13, 2022
- The Supreme Court ordered a stay on the implementation and enforcement of OSHA’s COVID-19 ETS.
- Jan. 25, 2022
- OSHA announced it will be withdrawing its COVID-19 vaccination and weekly testing ETS.
Legal Update: Agencies Issue Guidance on Coverage of OTC COVID-19 Tests
On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.
At-home COVID-19 tests must be covered even if they are obtained without the involvement of a health care provider.
Important Dates:
- Dec. 2, 2021
- President Biden announced that guidance would be issued clarifying coverage of OTC COVID-19 tests.
- Jan. 10, 2022
- Federal agencies issued the guidance implementing the requirements for coverage of OTC COVID-19 tests.
- Jan. 15, 2022
- Deadline for plans and issuers to provide coverage for OTC COVID-19 tests available without a health care provider order or assessment.
Legal Update: Supreme Court Stays OSHA ETS Vaccination and Testing Mandate
On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to
establish a mandatory vaccination policy requirement for private employers with 100 or more employees.
Given this new stay, employers are not required to comply with the OSHA ETS vaccination and testing mandate at this time.
Important Dates:
- Dec. 17, 2021
- The 6th Circuit reinstates the ETS.
- Jan. 13, 2022
- SCOTUS stays the ETS and sends it back to the 6th Circuit.
Legal Update: PCORI Fee Amount Adjusted for 2022
The Internal Revenue Service (IRS) has issued Notice 2022-04 to increase the Patient-Centered Outcomes Research Institute (PCORI) fee amount for plan years ending on or after Oct. 1, 2021, and before Oct. 1, 2022. The updated PCORI fee amount is $2.79 multiplied by the average number of lives covered under the plan.
At-home COFor plan years ending on or after Oct. 1, 2021, and before Oct. 1, 2022, the PCORI fee amount was increased to $2.79 per covered life.
Key Facts:
- Covered Plans
- The PCORI fees generally apply to insurance policies providing accident and health coverage and self-insured group health plans.
- Applicability Dates
- The PCORI fee applies to plan or policy years ending after Sept. 30, 2012, and before Oct. 1, 2029.
- Payment Deadline
- PCORI fees are due for plan or policy years ending in 2021 on Aug. 1, 2022.
Legal Update: Agencies Issue Guidance on
Coverage of OTC COVID-19 Tests
On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.
At-home COVID-19 tests must be covered even if they are obtained without the involvement of a health care provider.
Important Dates:
- Dec. 2, 2021
- President Biden announced that guidance would be issued clarifying coverage of OTC COVID-19 tests.
- Jan. 10, 2022
- Federal agencies issued the guidance implementing the requirements for coverage of OTC COVID-19 tests.
- Jan. 15, 2022
- Deadline for plans and issuers to provide coverage for OTC COVID-19 tests available without a health care provider order or assessment.
Legal Update – Supreme Court to Hold Hearings on Federal Vaccine Mandates
On Dec. 22, 2021, the U.S. Supreme Court announced that it will hear oral arguments regarding whether two federal vaccine requirements can be enforced while legal appeals are in process. On Jan. 7, 2022, the Court will consider requests on the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19 and the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers.
Important Dates:
- Dec. 22, 2021
- The Court announced that it would hold special hearings on the OSHA ETS and the health care worker vaccine requirements.
- Jan. 7, 2022
- The special hearings are scheduled to be held on both federal rules.
Legal Update – EEOC Issues Guidance on Retaliation and Interference During the COVID-19 Pandemic
On Oct. 13, 2021, the U.S. Department of Education (DOE) issued new resources aimed at helping schools and other
On Nov. 17, 2021, the Equal Employment Opportunity Commission (EEOC) issued new answers to frequently asked questions (FAQs) about how employers can avoid violating anti-retaliation provisions under federal equal employment opportunity (EEO) laws during the COVID-19 pandemic.
Retaliation and Interference Guidance
Among other things, the new FAQs clarify that:
- Anti-retaliation provisions of federal EEO laws protect not only applicants and current employees but also former employees.
- Unlawful retaliation includes any employer action in response to protected activity that could deter a reasonable person from engaging in protected activity.
- The ADA prohibits not only retaliation for protected EEO activity but also “interference” with an individual’s exercise of ADA rights.
Legal Update – DOE Issues Resources on Student Mental Health and COVID-19
On Oct. 13, 2021, the U.S. Department of Education (DOE) issued new resources aimed at helping schools and other educational institutions comply with federal civil rights laws that protect students with mental health disabilities. The new resources, which include a fact sheet and letter to educators, focus on issues specifically relating to the COVID-19 pandemic.
Fact Sheet on Students at Risk of Self-Harm
The DOE’s new fact sheet, “Supporting and Protecting the Rights of Students at Risk of Self-Harm in the Era of COVID-19,” provides information about:
• What may prompt the DOE to investigate a school or institution for potential violations of civil rights laws relating to mental health;
• How to create an educational environment that is responsive to students with mental health disabilities; and
• How to obtain other resources for students, families and educators.
FAQs Address COVID-19 Vaccine Coverage and Premium Discounts
On Oct. 4, 2021, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (Departments) issued FAQs addressing rules regarding premium incentives for COVID-19 vaccinations and rapid coverage of preventive services for COVID-19.
The maximum premium discount related to COVID-19 vaccination is 30% of the cost of coverage.
Highlights
- Premium discounts for COVID-19 vaccination generally must be offered as part of a wellness program.
- These wellness programs will generally be required to offer a reasonable alternative standard to qualify for the discount for certain individuals.
- Plans generally may not condition eligibility for benefits or coverage on vaccination status.
Additional Regulations Issued on Surprise Medical Billing Ban
On Sept. 30, 2021, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (Departments) jointly released an additional interim final rule outlining further requirements related to surprise billing. This rule continues the implementation of the No Surprises Act, which is a ban on surprise medical bills effective in 2022 that was enacted as part of the Consolidated Appropriations Act, 2021, signed into law in late 2020.
Important Dates
- Dec. 27, 2020, The Consolidated Appropriations Act, 2021, was signed into law.
- Sept. 30, 2021, The Departments issued an additional interim final rule to implement the No Surprises Act.
- Jan. 1, 2022, The No Surprises Act applies to plan or policy years beginning on or after Jan. 1, 2022.
This interim final rule details the independent dispute resolution process for determining final payment beyond allowable patient cost-sharing.
Client and Employee Resources
The more your employees understand your benefit plans the more they become educated, empowered consumers. The programs you provide will also gain an enhanced value.
As your strategic partners in employee benefits, we can provide multiple avenues of ongoing support, including:
- Employee Meetings (English and Spanish)
- Webcasts
- Payroll Stuffers
- Poster Campaigns
- Newsletters
Carrier Directories
E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. Click the image below to begin.
