The Washington Report

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June 01, 2022

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 Adjourns for Memorial Day Holiday
The House and Senate are adjourned for the Memorial Day holiday. The chambers are scheduled to return to the Hill the week of June 6, 2022.

Health

HHS Issues Final Rule Withdrawing Previous SUNSET Rule
On May 26, 2022, the Department of Health and Human Services (HHS) issued a final rule withdrawing a previous rule entitled “Securing Updated and Necessary Statutory Evaluations Timely” (SUNSET final rule), which was published in the Federal Register on January 19, 2021. Under this rule, health regulations would expire if not reviewed every 10 years. The SUNSET final rule was originally scheduled to take effect on March 22, 2021. However, after a lawsuit was filed on March 9, 2021, seeking to overturn the SUNSET final rule, HHS extended the effective date of the SUNSET final rule until September 22, 2022. HHS is now withdrawing the SUNSET final rule. The SUNSET final rule will be officially withdrawn on July 26, 2022.

The final rule is available here.

Other HR/Employment

IRS Releases Fiscal Year 2021 Data Book
On May 26, 2022, the Internal Revenue Service (IRS) issued its Data Book detailing the agency's activities during fiscal year 2021 (October 1, 2020 – September 30, 2021). The IRS Data Book is published annually and contains statistical tables and organizational information on a fiscal year basis. The report provides data on collecting the revenue, issuing refunds, enforcing the law, assisting the taxpayer, and the budget and workforce.

The news release is available here.

The IRS Data Book is available here.

WHD Publishes New FMLA Guidance on Mental Health, Job-Protected Leave for Employees and Employers
On May 25, 2022, the Department of Labor’s Wage and Hour Division (WHD) published new resources and educational materials for employees on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with the Family and Medical Leave Act (FMLA). The FMLA allows eligible employees to “take FMLA leave for their own serious health condition or to care for a spouse, child or parent because of their serious health condition. A serious health condition can include a mental health condition. Mental and physical health conditions are considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a healthcare provider, such as an overnight stay in a treatment center for addiction or continuing treatment by a clinical psychologist.”

In recognition of May being National Mental Health Awareness month, the WHD released the following new resources specifically developed for workers, worker advocates, employers, and their representatives:

Fact Sheet #28O: Mental Health Conditions and the FMLA;
Frequently Asked Questions (FAQs) on Mental Health and the FMLA; and
Blog - The FMLA: Essential for Mental Health-Friendly Workplaces.

The news release is available here.

Fact Sheet #280: Mental Health Conditions and the FMLA is available here.

The FAQs on Mental Health and the FMLA are available here.

The WHD Blog - The FMLA: Essential for Mental Health-Friendly Workplaces, is available here.

Retirement

Agencies Release Notice on Final Revisions for the 2022 Form 5500 Series Annual Return/Report
On May 20, 2022, the Employee Benefits Security Administration, Internal Revenue Service, and Pension Benefit Guaranty Corporation (Agencies) released a Federal Register Notice announcing changes to the Form 5500 Annual Return/Report of Employee Benefit Plan and Form 5500-SF Short Form Annual Return/Report of Employee Benefit Plan, and related instructions. The updated forms and instructions apply beginning with 2022 plan year reports. The Agencies initially proposed the Form 5500 revisions in September 2021. A separate Federal Register Notice was published in December 2021 that announced changes to the Form 5500 series reports for the 2021 plan year.

The changes to the forms and instructions for 2022 primarily implement annual reporting changes for defined benefit plans included in the September 2021 proposal. A limited number of instruction changes focus on reporting for multiple-employer pension plans (including pooled employer plans). The remaining changes are technical changes that are part of the annual rollover of the Form 5500 and Form 5500–SF forms and instructions. The Form 5500 Annual Return/Report is filed by employee benefit plans and certain other entities and serves as the principal source of information and data concerning the operations, funding, and investments of the plans that file.