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.
IRS Issues Employer Guidance for Reporting 2021 FFCRA Leave
Employers are required to report qualified 2021 FFCRA leave wages to employees on either a 2021 Form W-2, Box 14, or in a separate statement provided with the Form W-2.
Important Dates
- March 11, 2021 – American Rescue Plan Act extended tax credits for employers who voluntarily continue FFCRA leave.
- Sept. 7, 2021 – IRS issued Notice 2021-53 about employer reporting of 2021 FFCRA leave wages.
- Sept. 30, 2021 – American Rescue Plan Act’s tax credit
Employees may take leave Only employers claiming tax credits for FFCRA leave wages must comply with the reporting requirements.
Illinois Domestic Violence Leave to Cover All Victims of Violence
The Illinois legislature expanded the state law that allows employee leave for domestic violence victims.
- Victims of all violent crimes, as specified in the law, are now allowed unpaid leave from work, along with their family and household members.
- Required annual leave amounts range from four to 12 weeks, depending on employer size.
- Notice and certification rules apply.
Employees may take leave for medical treatment, recovery, counseling, victim services, and planning for safety and economic security.
EEOC Extends EEO-1 Deadline for 2019 and 2020 Data to Oct. 25
Oct. 25, 2021
New deadline for employers subject to EEO-1 reporting to submit 2019 and 2020 workforce data.
March 31, 2022
Deadline for submission of EEO-1 data from 2021.
OSHA Will Not Amend COVID-19 Healthcare ETS After CDC Reversed Face Mask Guidance
OSHA determined that neither the CDC’s guidance on health care settings nor the underlying science and data on COVID-19 in health care settings has materially changed in a way to necessitate changes in the June 10, 2021 ETS.
For more information:
Federal Workers and Contractors Must Attest to Vaccination Status
Every federal government employee and on-site contractor is now required to disclose their vaccination status. Federal employees and contractors who cannot attest to being fully vaccinated will be required to wear a mask while at work.
This new requirement applies regardless of whether employees are:
- In a location where COVID-19 cases are not surging (it does not matter where the employee is geographically located);
- Physically distancing from all other employees or visitors;
- Subject to restrictions on official travel; or
- Complying with weekly or twice weekly screening testing requirements.
Learn more:
PCORI Fees Due Aug 2, 2021
PCORI Fee Deadline
The PCORI fee payment for plan years ending in 2020 is due Aug. 2, 2021.
IRS Form 720
Issuers and plan sponsors must report and pay the PCORI fees annually on IRS Form 720 (Quarterly Federal Excise Tax Return). Issuers or plan sponsors that file Form 720 only to report the PCORI fee do not need to file Form 720 for the first, third or fourth quarter of the year.
For more information:
President Biden Issues Executive Order to Promote Competition in the American Economy
On July 9, 2021, President Joe Biden issued an executive order to promote competition in the American economy. As stated by the accompanying fact sheet, the order’s objectives include reducing the trend of corporate consolidation, increasing competition and delivering concrete benefits to America’s consumers, workers, farmers and small businesses.
Reducing Barriers to Competition
The order directs over a dozen federal agencies, including the Federal Trade Commission (FTC) to look into unfair competition practices, including, among other things:
• Restrictive covenant and non-compete agreements;
• Prescription drug prices;
• Internet billing and termination practices;
• Airline refunds and cost comparison practices;
• Facilitating the mobility of banking transaction data; and
• Increasing opportunities for small businesses by directing all federal agencies to promote greater competition through their procurement and spending decisions.
Next Steps
The order does not invalidate any of the practices and procedures mentioned above.
However, industry experts recommend that employers take time now to review, at the very minimum, their use of restrictive covenant agreements and evaluate how this order may impact their practices.
For more information:
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.
