The Washington Report
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November 9, 2022
Note to Subscribers
Due to the current environment, information is changing at a rapid rate. While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change or be revised after our publication deadline.
Health
CMS Releases Final and Interim Regulations on Medicare and Medicaid Programs; CY 2023 Payment Policies Under the PFS and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements; and COVID-19
On November 1, 2022, the Centers for Medicare and Medicaid Services (CMS) released final and interim regulations expanding access to behavioral health care, cancer screening coverage, and dental care. The Calendar Year (CY) 2023 Physician Fee Schedule (PFS) final regulations also promote “innovation and coordinated care in the Medicare program through Accountable Care Organizations (ACOs).” Specifically, the major final regulations address: changes to the PFS; other changes to Medicare Part B payment policies to ensure that payment systems are updated to reflect changes in medical practice, relative value of services, and changes in the statute; Medicare Shared Savings Program requirements; updates to the Quality Payment Program; Medicare coverage of opioid use disorder services furnished by opioid treatment programs; updates to certain Medicare and Medicaid provider enrollment policies, including for skilled nursing facilities; electronic prescribing for controlled substances for a covered Part D drug under a prescription drug plan or a Medicare Advantage prescription drug plan under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act; updates to the Medicare Ground Ambulance Data Collection System; and provisions under the Infrastructure Investment and Jobs Act. CMS is also finalizing a few provisions included in the COVID-19 interim final regulations.
The regulations are effective on January 1, 2023. Please refer to the regulations for all provisions and specific details.
The news release is available here.
A Fact Sheet on the CY 2023 PFS final regulations is available here.
A Fact Sheet on final changes to the Medicare Shared Savings Program is available here.
The CY 2023 PFS and Quality Payment Program final regulations are available here.
Other HR/Employment
Treasury, IRS Release 2022–2023 Priority Guidance Plan
On November 4, 2022, the Treasury and Internal Revenue Service (IRS) released the 2022–2023 Priority Guidance Plan. The 2022–2023 Priority Guidance Plan contains 205 guidance projects that are priorities for allocating Treasury and IRS resources during the 12-month period from July 1, 2022, through June 30, 2023 (the plan year). The plan does not provide any deadline for completing the projects. Some projects that were on the 2021–2022 Priority Guidance Plan are not included on the 2022–2023 plan because they are no longer considered priorities for purposes of allocating resources during the upcoming plan year. However, some of those projects may be considered for inclusion on a future priority guidance plan. Additionally, the Appendix lists the more routine guidance that is generally published each year. The Treasury and IRS intend to update the 2022–2023 plan during the year to reflect additional items that become priorities, guidance that is published during the plan year, and projects that may result from legislative developments.
The 2022–2023 Priority Guidance Plan is available here.
EEOC Releases Draft of FY 2022–2026 Strategic Plan; Seeks Public Comment
On November 4, 2022, the Equal Employment Opportunity Commission (EEOC) released for public comment a draft of its Strategic Plan for Fiscal Years (FY) 2022–2026. The Strategic Plan serves as a framework for achieving the EEOC’s mission through “the strategic application of the EEOC’s law enforcement activities, preventing employment discrimination and advancing equal employment opportunities through education and outreach, and organizational excellence.” Comments must be submitted by December 5, 2022. According to the EEOC, the draft plan is still under review and subject to approval before becoming final.
The news release is available here.
The draft of the EEOC Strategic Plan for FY 2022–2026 available here.
Aon Publications
Now Available: Legal Consulting & Compliance Quarterly Update
The Retirement Legal Consulting & Compliance practice is pleased to present its Quarterly Update of recent legal developments for the fourth quarter of 2022. In this issue you will find the following articles:
- Living by Proxy: New SEC Pay Versus Performance Disclosures
- A Look Ahead: What’s in Store for Plan Amendments?
- Cryptocurrency Funds: Should 401(k) Plans Consider?
- DOL Proposes Amendments to QPAM Exemption
- New Court Decision Reflects Possible Post-Hughes Emerging Consensus
- Don’t Buy Retail When Plan Can Buy Institutional
- Plan Sponsor Wins Dismissal of Stock-Drop Allegations
- Quarterly Roundup of Other New Developments
The fourth quarter 2022 issue of the Retirement Legal Consulting & Compliance Aon Quarterly Update is available here.