Legislative Updates

On September 15th, Safer Federal Workforce Task Force clarified that they will not implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order (E.O.) 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. 

SFWTF_model agency safety principles_20220915.pdf (saferfederalworkforce.gov)

Employers that offer prescription drug coverage in 2023 must provide notices of coverage to Medicare eligible employees or covered dependents by October 14, 2022.  This is before the annual Medicare Part D enrollment period begins which is from October 15th to December 7.    The notice requirement applies to both fully insured and self-funded plans.

Model Notices are available at: 

Credible: Important Notice to those Covered under Sponsor Plans (cms.gov)

Non-Credible: Important Notice to those Covered under Sponsor Plans (cms.gov)

Following President Biden's executive order on ensuring access to reproductive health care, the Department of Health and Human Services and the Department of Labor issued guidance for birth control coverage protections under the Affordable Care Act (ACA).  Most non-grandfathered health plans are required to provide contraceptives at no cost to members. 

Read the new guidance at: FAQS ABOUT AFFORDABLE CARE ACT IMPLEMENTATION PART 54 (cms.gov)

The IRS announced the 2023 affordability threshold for group health plans which will be 9.12 percent down from 9.61 percent for 2022.  The affordability threshold is adjusted annually and is used to determine if an employer's lowest premium health plan meets the affordability requirement which affects an employer's potential liability for penalties.  The affordability threshold is applied on a plan year basis - not calendar year.

RP-2022-34 (irs.gov)

The US Department of Health and Human Services announced that they will be declaring a Public Health Emergency due to the ongoing spread of monkeypox.  The US has reported more than 7,000 cases of monkeypox across 48 states.  Monkeypox is most often spread through close, personal, and often skin to skin contact per the CDC.  

HHS Release: Biden-Harris Administration Bolsters Monkeypox Response; HHS Secretary Becerra Declares Public Health Emergency | HHS.gov

CDC Website for Monkeypox: Monkeypox | Poxvirus | CDC

Due to high numbers of fatalities in the first six months of 2022, the US DOL plans to announce enhanced nationwide enforcement of trench safety.  OSHA Compliance Officers plan to perform more than 1,000 trench inspections.  More information can be found at: Alarming rise in trench-related fatalities spurs US Department of Labor to announce enhanced nationwide enforcement, additional oversight | Occupational Safety and Health Administration (osha.gov)

On 7/16/2022, the US transitioned the National Suicide Prevention Lifeline from a 10-digit number to 988.  The line also links to the Veterans Crisis Line.  This initiative is part of President Biden's strategy to support American's mental health.

More information is available at: U.S. Transition to 988 Suicide & Crisis Lifeline Begins Saturday | HHS.gov

Roe v. Wade was overturned on Friday, June 24^th in a 5-4 decision by the Supreme Court stating there is no longer a constitutional right to an abortion.  The court’s ruling gives individual states the power to set their own abortion laws.  The ruling may lead employers to review their employee’s healthcare benefits following the decision. 

On June 9, 2022, the IRS announced an increase in the optional standard mileage rate effective July 1, 2022 in recognition of recent gasoline prices.  The rate will increase 4 cents per mile to 62.5 cents.  The last time a midyear increase was imposed was in 2011.  

IRS increases mileage rate for remainder of 2022 | Internal Revenue Service

In correlation with National Health Awareness month, the US Department of Labor recently published updated Family and Medical Leave Act Guidance on Mental Health for both employees and employers.  The DOL issued new frequently asked questions and Fact Sheet #280: Mental Health Conditions and the FMLA.  For more information, see Fact Sheet # 28O: Mental Health Conditions and the FMLA | U.S. Department of Labor (dol.gov) and Mental Health and the FMLA | U.S. Department of Labor (dol.gov).