The Washington Report

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April 6, 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 after our publication deadline.

Legislative

House Passes Affordable Insulin Now Act
On March 31, 2022, the House passed with a 232–193 vote the Affordable Insulin Now Act (H.R. 6833). This bill would limit cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit. The bill would cap cost-sharing under private health insurance for a month's supply of selected insulin products at $35 or 25% of a plan's negotiated price (after any price concessions), whichever is less, beginning in 2023. The bill would also cap cost-sharing under the Medicare prescription drug benefit for insulin products at 1) $35 in 2023 regardless of whether a beneficiary has reached the annual out-of-pocket spending threshold, and 2) $35 beginning in 2024 for those who have not yet reached this threshold. (Currently, the Centers for Medicare & Medicaid Services is testing a voluntary model under the Medicare prescription drug benefit (the Part D Senior Savings Model) in which the copayment for a month's supply of insulin is capped at $35 through participating plans. The model is set to expire on December 31, 2025.) Senate consideration is uncertain, as the chamber is currently drafting its own separate legislation.

The full text of H.R. 6833 is available here.

House Passes Securing a Strong Retirement Act
On March 30, 2022, the House approved with a 414–5 vote the Securing a Strong Retirement Act of 2021 (H.R. 2954). This bill would make various changes with respect to employer-sponsored retirement plans, including providing for the automatic enrollment of employees in certain plans and increasing the age at which participants are required to begin receiving mandatory distributions. The Senate is currently working on passing its own retirement legislation.

The full text of H.R. 2954 is available here.

Congress to Adjourn for Spring Recess
Congress is scheduled to adjourn for spring recess April 11 through April 22, 2022.

Health

IRS, White House Release Proposed Regulations on PTC: Affordability of Employer Coverage for Family Members of Employees
On April 4, 2022, the Internal Revenue Service (IRS) and the White House announced proposed regulations under Section 36B of the Internal Revenue Code that would amend the existing regulations regarding eligibility for the premium tax credit (PTC) to provide that affordability of employer-sponsored minimum essential coverage for family members of an employee is determined based on the employee’s share of the cost of covering the employee and those family members, not the cost of covering only the employee. The proposed regulations also would add a minimum value rule for family members of employees based on the benefits provided to the family members. The proposed regulations would affect taxpayers who enroll, or enroll a family member, in individual health insurance coverage through a Health Insurance Exchange and who may be allowed a PTC for the coverage.

The proposed regulations are available here.

A White House news release: Background Press Call by Senior Administration Officials on the Administration’s Proposed Rule to Fix “Family Glitch” and Lower Healthcare Costs is available here.

A White House Fact Sheet: Biden Harris Administration Proposes Rule to Fix “Family Glitch” and Lower Health Care Costs is available here.

HHS Announces New Way for Medicare Beneficiaries to Obtain Free COVID-19 Tests
On April 4, 2022, the Department of Health and Human Services (HHS) announced that Medicare Part B beneficiaries, including those enrolled in a Medicare Advantage plan, now have access to Food and Drug Administration-approved, authorized, or cleared over-the-counter COVID-19 tests at no cost. People with Medicare can get up to eight tests per calendar month from participating pharmacies and health care providers for the duration of the COVID-19 public health emergency.

The news release is available here.

A Fact Sheet: Medicare Covers Over-the-Counter COVID-19 Tests is available here.

Other HR/Employment

EEOC Adds Non-Binary Gender Option to Discrimination Charge Intake Process; White House Releases Fact Sheet on Non-Binary “X” Gender Marker in Federal Government
On March 31, 2022, the Equal Employment Opportunity Commission (EEOC) announced that it will “promote greater equity and inclusion for members of the LGBTQI+ community by giving individuals the option to select a non-binary ‘X’ gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination.” The EEOC stated that it recognizes that the binary construction of gender as either “male” or “female” does not reflect the full range of gender identities. The EEOC is adding an option to mark “X” during two critical stages of the intake and charge filing process:

The EEOC will update the voluntary demographic questions relating to gender in the online public portal that members of the public use to submit inquiries about filing a charge of discrimination, as well as the Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form that are sometimes used in lieu of the portal.
The EEOC will also modify its charge of discrimination form to include “Mx.” in the list of prefix options.

On the same day, the White House also released a Fact Sheet, (Biden-Harris Administration Advances Equality and Visibility for Transgender Americans), that summarizes the activities across the federal goverment to introduce a non-binary "X" gender marker.

The news release is available here.

The White House Fact Sheet: Biden-⁠Harris Administration Advances Equality and Visibility for Transgender Americans is available here.

DOL Unveils “Mental Health at Work: What Can I Do?” PSA Campaign
On March 29, 2022, the Department of Labor (DOL) announced a public education campaign on the importance of mental health-friendly workplaces. The “Mental Health at Work: What Can I Do?” campaign is a public service announcement (PSA) that “highlights how everyone in a workplace setting — whether you are a CEO, manager, co-worker, or an employee who voluntarily identifies as having a mental health condition — can promote workplace well-being. These roles can range from setting the tone for an inclusive workplace, to providing and requesting assistance and accommodations, to being a source of support to peers and colleagues.” The video PSA and related companion materials are available via download. Other materials include posters, behind-the-scenes video interviews, and workplace mental health resources.

The DOL news release is available here.

The “Mental Health at Work: What Can I Do” PSA Campaign website is available here.

Aon Webinars

Aon Hosts Webinar on Pension Risk Transfer and Beyond
On Thursday, April 7, 2022, at 12:30 p.m. eastern, Aon’s Pension Settlement Solutions team will host a webinar on Pension Risk Transfer and Beyond. Pension settlements are used by many plan sponsors to manage the cost and risk of their defined benefit plans. The Pension Risk Transfer market continues to grow with the development of more sophisticated insurance solutions. Lump sum offers also remain a viable settlement option to provide financial flexibility in retirement. Aon's Pension Settlement Solutions team will review current market conditions, new trends, and share stories on recent plan sponsor transaction experiences. In this webinar Aon experts will discuss:

The 2021 Pension Risk Transfer market summary and early 2022 experience.
Plan sponsor stories on settlement implementation and strategy development.
Investment perspectives as part of a settlement strategy in the current economic environment.
Review of lump sum solutions amidst the COVID-19 pandemic.