The Washington Report
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March 02, 2022
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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 or be revised after our publication deadline.
Executive
President Delivers State of the Union Address
President Biden delivered his first State of the Union Address on March 1, 2022. In his speech, the President discussed a number of topics, including the situation in Ukraine, the ongoing impact and response to COVID-19, his pick of Judge Ketanji Brown Jackson for the Supreme Court, the American Rescue Plan, inflation, voting rights, climate change, tax reform, and infrastructure improvements. The President addressed implementing privacy protections for children on social media platforms and encouraged funding for opioid addiction and the Advanced Research Projects Agency for Health. President Biden also encouraged Congress to pass the Bipartisan Innovation Act, the Paycheck Fairness Act, as well as other legislation that would reduce the cost of prescription drugs, raise the minimum wage, and provide paid leave for employees.
The full text of the President’s State of the Union Address is available here.
Health
DOL Releases Memorandum on Surprise Billing Protections for Consumers Responding to Recent District Court Order
On February 28, 2022, the Department of Labor (DOL) released a Memorandum Regarding Continuing Surprise Billing Protections for Consumers. The communication was in response to a February 23, 2022, U.S. District Court of Texas order which invalidated portions of an interim final rule, “Requirements Related to Surprise Billing,” (October 7, 2021), issued by the Departments of Health and Human Services, Labor, and the Treasury (the Departments) governing aspects of the federal independent dispute resolution process under the No Surprises Act.
In the memo, the DOL states that the “Court's order did not affect any of the Departments' other rulemaking under the No Surprises Act. Thus, consumers continue to be protected from surprise bills for out-of-network emergency services, out-of-network air ambulance services, and certain out-of-network services received at in-network facilities. The patient–provider dispute resolution process for uninsured and self-pay consumers to dispute bills that exceed a provider's or facility's good faith estimate by $400 or more also remains available and unchanged by the court's order.” The Departments are reviewing the court’s decision and evaluating next steps.
The Memorandum Regarding Continuing Surprise Billing Protections for Consumers is available here.