The Washington Report
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April 19, 2023
Note to Subscribers
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
Congress Reconvenes
Congress returned to the Hill this week after its spring recess.
Health
Departments Issue Compliance FAQs on Braidwood Decision
On April 13, 2023, the Departments of Labor, Health and Human Services, and Treasury (the Departments) released nine Frequently Asked Questions (FAQs) regarding implementation of the Affordable Care Act and the Coronavirus Aid, Relief, and Economic Security Act, in light of the recent court decision in Braidwood Management Inc. v. Becerra. The FAQs address: 1) coverage of preventive services; 2) high-deductible health plans and safe harbor for preventive care; 3) rapid coverage of preventive services and vaccines for Coronavirus; and 4) the federal employees health benefits program.
For additional information, please see the Aon bulletin Departments Issue Guidance on Preventive Care After Braidwood, in the Publications section of this newsletter.
The FAQs about Affordable Care Act and Coronavirus Aid, Relief, and Economic Security Act Implementation Part 59, are available here.
HHS Releases NPRM On HIPAA Rule to Support Reproductive Health Care Privacy
On April 12, 2023, the Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) to solicit comments on its proposal to modify the Standards for Privacy of Individually Identifiable Health Information under HIPAA and the Health Information Technology for Economic and Clinical Health Act of 2009. The proposal would modify existing standards permitting uses and disclosures of protected health information (PHI) by limiting uses and disclosures of PHI for certain purposes where the use or disclosure of information is about reproductive health care that is lawful under the circumstances in which such health care is provided. The proposal would modify existing standards by prohibiting uses and disclosures of PHI for criminal, civil, or administrative investigations or proceedings against individuals, covered entities or their business associates, or other persons for seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided. Comments on the NPRM are due by June 16, 2023.
The news release is available here.
The NPRM is available here.
A Fact Sheet is available here.
Aon Publications
Departments Issue Guidance on Preventive Care After Braidwood
On April 13, 2023, the Departments of Labor, Health and Human Services, and Treasury (the Departments) issued Frequently Asked Questions (FAQs) Part 59 in light of the district court decision in Braidwood Management v. Becerra (Braidwood). The FAQs are designed to provide additional guidance and clarification to plan sponsors on how the Braidwood decision affects the requirement to provide preventive services without cost-sharing under the Affordable Care Act.
The Aon bulletin is available here.