The Washington Report
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August 3, 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
Congress Adjourns for August Recess
The House has adjourned for August recess but could return early due to various legislative developments. The Senate is tentatively scheduled to remain in session until this Friday, August 5, 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.
House Approves Telehealth Bill
On July 27, 2022, the House approved with a 416-12 vote the Advancing Telehealth Beyond COVID–19 Act of 2021 (H.R. 4040). The bill makes permanent several telehealth flexibilities under Medicare that were initially authorized during the public health emergency relating to COVID-19. Specifically, the bill permanently allows 1) federally qualified health centers and rural health clinics to serve as the distant site; 2) beneficiaries to receive telehealth services at any site, regardless of type or location; 3) any type of practitioner to furnish telehealth services; and 4) audio-only evaluation and management and behavioral health services. The bill moves to the Senate for consideration, where passage is uncertain.
The full text of H.R. 4040 is available here.
Health
CMS Announces 2023 Projected Medicare Basic Part D Average Premium
On July 29, 2022, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) announced that the average basic monthly premium for standard Medicare Part D coverage is projected to be approximately $31.50 in 2023. This expected amount is a decrease of 1.8% from $32.08 in 2022.
The news release is available here.
Additional supporting data is available here.
Commemorating the 32nd Anniversary of the ADA, HHS and DOJ Issue Guidance on Nondiscrimination in Telehealth
On July 29, 2022, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) published guidance on the protections in federal nondiscrimination laws, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Section 1557 of the Affordable Care Act (ACA), requiring that telehealth be accessible to people with disabilities and limited-English proficient persons. The guidance was issued in recognition of the 32nd anniversary of the ADA.
The guidance is provided to “help health care providers better understand their nondiscrimination obligations and patients better understand their rights under federal law in this area. The guidance provides examples of actions that may be discriminatory and describes steps that providers may need to take to ensure that health care offered via telehealth is accessible. The guidance also provides a list of resources that providers and patients may wish to consult for additional information about telehealth and civil rights protections.”
The news release is available here.
The guidance is available here.
IRS Announces Affordability Percentage for ACA Employer Mandate in 2023
On July 29, 2022, the Internal Revenue Service (IRS) announced the required contribution percentage (RCP) to be used by employers for complying with the ACA’s employer mandate in plan years beginning in calendar year 2023 (Rev. Proc. 2022-34). The RCP is used by employers to determine whether an individual is eligible for affordable employer-sponsored minimum essential coverage under the ACA’s employer mandate. The RCP for plan years beginning in calendar year 2023 will be 9.12%. In Rev. Proc. 2022-34, the IRS also provided the indexing adjustments to be used in calculating an individual’s premium tax credit for 2023.
IRS Rev. Proc. 2022-34 is available here.
DOL, HHS, and Treasury Issue FAQs on Birth Control Coverage Requirements
On July 28, 2022, the Departments of Labor (DOL), HHS, and the Treasury (the Departments) issued guidance in the form of frequently asked questions (FAQs) on health plan coverage of contraception. Under the ACA, certain group health plans and health insurance issuers are required to provide contraceptive coverage without cost-sharing. The FAQs About ACA Implementation Part 54 were issued in response to reports that individuals were having difficulties in accessing such contraceptive coverage, according to the Departments. The FAQs provide guidance on a number of issues related to the contraceptive coverage requirements, including which contraceptive methods must be covered; when medical management techniques may be used; and whether health savings accounts, health flexible spending arrangements, and health reimbursement arrangements can reimburse expenses incurred for over-the-counter contraception. The FAQs also address the federal preemption of state law and the application of the contraceptive coverage requirements to emergency contraceptives.
A news release on the guidance is available here.
The FAQs About ACA Implementation Part 54 are available here.