The Washington Report
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March 1, 2023
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While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.
Health
OCR Releases Two Annual Reports on HIPAA Compliance and Breaches of Unsecured Protected Health Information
On February 17, 2023, the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) released two annual Reports to Congress for 2021, on HIPAA Privacy, Security, and Breach Notification Rule Compliance and Breaches of Unsecured Protected Health Information. These reports are meant to benefit regulated entities to assist in their HIPAA compliance efforts. Additionally, these reports share steps taken by OCR to investigate complaints, breach reports, and compliance reviews regarding potential violations of HIPAA Rules. Also included is data on the numbers of HIPAA cases investigated, areas of noncompliance, and insights into trends such as cybersecurity readiness.
The HHS news release is available here.
The OCR’s 2021 Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance is available here.
OCR’s 2021 Report to Congress on Breaches of Unsecured Protected Health Information is available here.
Other HR/Employment
DOL Hosts Online Roundtable Discussion; Launches New FMLA Website About Leave, Resources
On February 23, 2023, as part of its year-long commemoration of the 30th anniversary of the passage of the FMLA, the Department of Labor (DOL) hosted an online roundtable discussion and launched a new website to inform workers about federal regulations for job-protected leave to care for a family member. The online discussion, “Working While Caring: A Discussion on Barriers to Workplace Leave for Family Caregivers,” provided participants with an opportunity to learn about the challenges caregivers face when they must take unpaid leave from work to care for family members. Additionally, the DOL launched its new website (Family Caregivers: Information on the Family and Medical Leave Act) and updated numerous resources to assist employees seeking to take time off from work to care for a family member. The new website includes the following information:
- A guide on how to talk to employers about taking job-protected FMLA leave.
- Updated fact sheets on using FMLA leave when a family member has a serious health condition, must respond to military service duties, or must care for an adult child with a disability.
- Frequently Asked Questions on taking FMLA leave and other resources for family caregivers.
The news release is available here.
The new website, Family Caregivers: Information on the Family and Medical Leave Act (including links to resources) is available here.
Treasury, IRS Release Second Quarter Update to 2022–2023 Priority Guidance Plan
On February 21, 2023, the Treasury and Internal Revenue Service (IRS) released the second quarter update to the 2022–2023 Priority Guidance Plan. In Notice 2022-21, the Treasury and IRS solicited recommendations for items to be included in the plan from all interested parties, including taxpayers, tax practitioners, and industry groups. The 2022–2023 Priority Guidance Plan contains 205 guidance projects, 59 of which were completed by December 31, 2022. In addition to the items on the 2022–2023 plan, the Appendix lists the more routine guidance that is generally published each year.
The second quarter update to the 2022–2023 Priority Guidance Plan is available here.