The Washington Report

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February 2, 2022

Note to Subscribers

Due to the current environment, information is changing at a rapid rate. While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change or be revised after our publication deadline.

Health

Departments Release 2022 MHPAEA Report to Congress
On January 25, 2022, the Departments of Labor, Health and Human Services, and the Treasury (the Departments) issued their 2022 MHPAEA Report to Congress on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008. The report “includes information that suggests health plans and health insurance issuers are failing to deliver parity for mental health and substance-use disorder benefits to those they cover. The report also highlights the Departments’ recent emphasis on greater MHPAEA enforcement in addition to guidance to correct those failures, and makes recommendations to strengthen MHPAEA’s consumer protections and enhance the Departments’ enforce abilities.” Additionally, a Fiscal Year (FY) 2021 MHPAEA Enforcement Fact Sheet was issued with the 2022 MHPAEA Report to Congress.

The Department of Labor news release is available here.

The 2022 MHPAEA Report to Congress is available here.

The FY 2021 MHPAEA Enforcement Fact Sheet is available here.

Retirement

IRS Releases Cumulative List of Changes For 403(b) Pre-Approved Plans
On January 28, 2022, the Internal Revenue Service (IRS) released Notice 2022-8 which sets forth the 2022 Cumulative List of Changes in Section 403(b) Requirements for Section 403(b) Pre-approved Plans (2022 Cumulative List). The 2022 Cumulative List will assist providers of Section 403(b) pre-approved plans applying to the IRS for opinion letters for the second remedial amendment cycle (Cycle 2) under the IRS’s Section 403(b) pre-approved plan program. The 2022 Cumulative List identifies changes in the requirements of Section 403(b) that will be taken into account by the IRS with respect to a plan document submitted to the IRS for Cycle 2 and that were not taken into account during the first remedial amendment cycle.

IRS Notice 2022-8 is available here.

Other HR/Employment

IRS Releases Publication 15-B: Employer's Tax Guide to Fringe Benefits, For Use in 2022
On February 1, 2022, the Internal Revenue Service (IRS) released Publication 15-B: Employer’s Tax Guide to Fringe Benefits, For use in 2022. The guide includes details about fringe benefits, including but not limited to: the cents-per-mile rule; the qualified parking exclusion and commuter transportation benefit; and the contribution limit on a health flexible spending arrangement. For specific details, please refer to the IRS guide.

IRS Publication 15-B: Employer's Tax Guide to Fringe Benefits, For use in 2022, is available here.

Aon Publications

Updates Released for ACA Preventive Services
On January 10, 2022, the United States Preventive Services Task Force and the Health Resources and Services Administration released updated guidance (Frequently Asked Questions Part 51) on Affordable Care Act (ACA) preventive services with respect to colonoscopies and services for women and children.