The Washington Report
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July 27, 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 Prepares to Adjourn for August Recess
The House is scheduled to leave for August recess at the end of this week, but could return early due to various legislative developments. The Senate is tentatively scheduled to remain in session until August 5, 2022, and then adjourn for the month. Please be aware that the congressional calendar can change at any time due to current events or bill consideration.
Health
HHS Releases Proposed Rule to Strengthen Nondiscrimination in Health Care
On July 25, 2022, the Department of Health and Human Services (HHS) released a proposed rule implementing Section 1557 of the Affordable Care Act (ACA) (Section 1557) that prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities. This proposed rule restores and strengthens civil rights protections for patients and consumers in certain federally funded health programs and HHS programs after the 2020 version of the rule limited its scope and power to cover fewer programs and services.
The proposed rule affirms protections against discrimination on the basis of sex, including sexual orientation and gender identity consistent with the U.S. Supreme Court’s holding in Bostock v. Clayton County, and reiterates protections from discrimination for seeking reproductive health care services.
Public comments on the proposed rule are due 60 days after publication in the Federal Register (date unknown at this time).
The news release is available here.
A July 25, 2022, Fact Sheet is available here.
The proposed rule is temporarily available here.
(Note: The official version of this document is the document published in the Federal Register. This document has been sent to the Office of the Federal Register and is being scheduled for publication.)
Aon Publications
EEOC Tightens Up Guidance on COVID-19 Workplace Testing
The Equal Employment Opportunity Commission (EEOC) recently updated its guidance document entitled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The newly revised guidance is effective as of July 12, 2022.
The Aon bulletin is available here.