The Washington Report
January 31, 2024
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.
Health
CMS Releases RFI on MA Data Transparency
On January 25, 2024, the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) released a Request for Information (RFI) seeking public feedback regarding various aspects of Medicare Advantage (MA) data, including how to best enhance MA data capabilities, improve data sharing, and increase public transparency. Responses to the RFI may be used to inform general efforts to strengthen CMS’ MA data capabilities and guide policymaking. Comments on the RFI are due by May 29, 2024.
The news release is available here.
The RFI is available here.
Aon Publications
Aon Publications on Federal Developments in 2023
Aon provided insights into numerous developments last year that had an impact on employer-provided health and retirement plans and human resources policies and practices. Aon bulletins highlighted issues for employers arising out of the No Surprises Act and the Setting Every Community Up for Retirement Enhancement Act 2.0. They also provided analysis of developments involving prescription drug data collection, public health emergency declarations, a prohibition on gag clauses in employer contracts with health care providers, strategies for reducing the gender savings gap in employer-sponsored retirement plans, fiduciary risks associated with defined contribution retirement plans, telehealth, Affordable Care Act (ACA) preventive services requirements, high-deductible health plan requirements, mifepristone court challenges, filing and reporting requirements, mental health parity, employer-paid fixed indemnity policies, year-end planning opportunities for retirement plan sponsors, and many other matters affecting the workplace and employee benefits. In addition, the 2023 Aon Compliance Calendar alerted employers to significant compensation and benefit due dates for retirement and health and welfare plans and Retirement Legal Consulting & Compliance Quarterly Updates kept employers on top of new regulatory guidance, court rulings, and hot topics in the retirement plan arena. Aon bulletins also reported on certain significant developments in the states last year regarding the regulation of pharmacy benefit managers.
The bulletin, which gathers together 2023 U.S. Aon bulletins with direct links to the publications, is available here.
DOL Publishes New Model Notices for Public Exchange
The U.S. Department of Labor (DOL) has published a new model notice for employers that describes health care coverage options available under the ACA’s public Exchange. Employers should start providing the new version to newly hired employees.
The Aon bulletin is available here.
Annual Medicare Part D Disclosure Reminder (With Inflation Reduction Act Twist)
This Aon bulletin is a reminder of the annual disclosure requirement to the Centers for Medicare & Medicaid Services that applies to most employers that provide prescription drug coverage to individuals who are Medicare Part D-eligible. This disclosure is due February 29, 2024, for calendar year plans, is not new, and should have occurred each year since 2006. The disclosure applies to active and retiree prescription drug plans, although exceptions apply for Employer Group Waiver Plans, Medicare Advantage Prescription Drug plans, and Retiree Drug Subsidy participants.
The Aon bulletin is available here.