By December 31, 2023, health plans and insurers must submit an attestation of compliance with the “anti-gag rules” of the Consolidated Appropriations Act of 2021 (CAA). The rules apply to all agreements entered into on or after the date that the CAA was enacted (December 27, 2020), and the first attestation applies retroactively to that date.… Continue Reading
Health Care
Court Invalidates Certain Preventive Care Requirements
By D. Finn Pressly & Edward I. Leeds on
Posted in Employee Benefits, Health Care
A federal district court in Texas has invalidated and enjoined actions by federal agencies on and after March 23, 2010—when the Affordable Care Act (ACA) was enacted—to implement the ACA requirement that health plans and insurance policies cover the full cost of in-network preventive care that carries an A or B rating by the USPSTF.… Continue Reading
Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021
The Consolidated Appropriations Act, 2021, (CAA) and transparency regulations introduced major changes to health benefit plans. These changes continue to evolve with some requirements just now taking effect.
The Upshot
- Health plan sponsors need to comply with new requirements for reporting on prescription drug and other health care expenditures, although they have been given a very short reprieve.
Holiday Relief for Reporting Requirements
In a new set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services, and the Treasury provide significant relief to health plan sponsors and insurers seeking to report on expenditures for prescription drugs and other health care items and services in compliance with the Consolidated Appropriations Act, 2021.… Continue Reading
Unions Cannot Force OSHA to Issue Permanent COVID Standard
By Shannon D. Farmer & Monica Nugent on
On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a permanent rule establishing protections for healthcare workers from COVID-19.
A unanimous three-judge panel in In re: National Nurses United, et al.… Continue Reading
New Jersey Now Protects Health Care Workers After Sales, Mergers and Other Control Changes
By Justen R. Barbierri & Steven W. Suflas on
On August 18, New Jersey Governor Phil Murphy signed into law S315 (22R), which aims to protect employment and wages and benefits during changes in control at health care facilities. When a change in control occurs, the former and “successor” health care employers will now both have new, and very significant, legal obligations.… Continue Reading
Update for Employers Navigating Federal Vaccine Requirements
As previously reported here, the Supreme Court recently issued decisions staying the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS) and upholding the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers. Meanwhile, the vaccine mandate for federal contractors remains stayed pending appellate court review.… Continue Reading
Supreme Court Stays OSHA “Vaccine or Test” ETS and Upholds CMS Vaccine Mandate
By Lila A. Sevener & Brian D. Pedrow on
The Supreme Court issued two opinions on January 13, 2022 relating to federal agency vaccination rules and mandates. In one opinion, the Court issued an emergency stay of the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS). In another opinion, the Court upheld the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care providers.… Continue Reading
CMS Vaccine Rule Back in Play for 26 States
By Karli Lubin Talmo & Shannon D. Farmer on
As we previously reported here, the Biden Administration has seen significant setbacks as courts around the country halt the administration’s vaccine mandates, including the emergency Interim Final Rule issued by the Centers for Medicare and Medicaid Services (CMS). Specifically, on November 29, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri enjoined the CMS Rule in the ten states who brought an action seeking preliminary injunction (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming).… Continue Reading
Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted
By Denise M. Keyser & Gustavo Cardona on
The Biden Administration’s action plan to overcome the pandemic saw major setbacks this week as courts around the country halted the administration’s mandatory COVID-19 vaccination policies for federal contractors and subcontractors and health care workers.
Specifically, on September 24, 2021 the Biden Administration issued guidance to supplement a previously issued Executive Order, in effect requiring employees of covered contractors (including prime contractors or subcontractors) to be fully vaccinated by December 8, 2021.… Continue Reading