The Washington Report

April 03, 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.

Legislative

 

Congress Adjourned for Spring Recess
Congress has adjourned for spring recess. The chambers are tentatively scheduled to return to the Hill the week of April 8.

Health

 

Departments Release Final Regulations on STLDI; “Junk Insurance”
On March 28, 2024, the Departments of Health and Human Services (HHS), Labor, and the Treasury (Departments) released final regulations on Short-Term, Limited-Duration Insurance (STLDI) and Independent, Noncoordinated Excepted Benefits Coverage, or “Junk Insurance.” The regulations finalize some of the amendments included in the July 2023 proposed rules. STLDI is a type of health insurance that is typically designed to fill temporary gaps in coverage when an individual is transitioning from one source of coverage to another. STLDI plans are not subject to the Affordable Care Act’s consumer protections, including guaranteeing coverage for people with pre-existing conditions and prohibiting discrimination based on health status, age, or gender. The final regulations will limit “short-term” plans to no more than four months instead of three years. Additionally, the final regulations will require more transparency from health insurance companies regarding buying options. “Short-term plans, as well as ‘fixed indemnity’ insurance policies that provide a fixed, cash payment for a health care event, will have to include a clear, easy-to-understand consumer notice on marketing, application, enrollment, and reenrollment materials, so that consumers can make informed coverage purchasing decisions.” Please refer to the final regulations and resources for specific details and applicability dates.

The news release is available here.

The final regulations are available here.

A Fact Sheet is available here.

The White House Fact Sheet is available here.

HHS and ONC Release Draft 2024–2030 Federal Health IT Strategic Plan
On March 27, 2024, HHS, through the Office of the National Coordinator for Health Information Technology (ONC), released the draft 2024–2030 Federal Health IT Strategic Plan for public comment. The draft Plan:

• Outlines federal health IT goals and objectives that are focused on improving access to health data and modernizing the public health data infrastructure.
• Places an emphasis on the policy and technology components necessary to support the data needs of all health IT users.
• Supports the recent Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) final rule to advance the access, exchange, and use of electronic health information.
• Aligns with the HHS Health Care Sector Cybersecurity concept paper and voluntary health care specific Cybersecurity Performance Goals to help health care organizations prioritize implementation of high-impact cybersecurity practices.

ONC seeks public comment by May 28, 2024.

The news release is available here.

The draft 2024–2030 Federal Health IT Strategic Plan is available here.

CMS Announces Savings on 41 Prescription Drugs as Part of Inflation Reduction Act
On March 26, 2024, HHS’ Centers for Medicare & Medicaid Services (CMS) announced that as part the Inflation Reduction Act, 41 drugs available through Medicare Part B will have a reduced Part B coinsurance rate from April 1 through June 30, 2024, if the drug company raises prices faster than the rate of inflation. “The Inflation Reduction Act requires drug companies to pay rebates to Medicare when prices increase faster than the rate of inflation for certain drugs. CMS intends to begin invoicing prescription drug companies for rebates owed to Medicare no later than fall 2025. The rebate amounts paid by drug companies will be deposited in the Federal Supplementary Medical Insurance Trust Fund, which will help ensure the long-term sustainability of the Medicare program for future generations.”

The news release is available here.

Various resources concerning the Medicare Prescription Drug Inflation Rebate Program (including a Fact Sheet on the 41 Part B drugs with a coinsurance reduction for the quarter April 1–June 30, 2024), are available here.

Other HR/Employment

 

EEOC Releases Two Litigation Program Updates; New Data Dashboard and Fiscal Year 2023 Annual Report
On March 27, 2024, the Equal Employment Opportunity Commission (EEOC) released the Office of General Counsel Fiscal Year 2023 Annual Report, covering October 1, 2022, through September 30, 2023, and a new data dashboard highlighting selected resolved cases from the past five fiscal years. According to the EEOC, the agency “filed 143 merits lawsuits, 25 of which were systemic, and resolved 98 suits obtaining over $22.6 million in monetary relief for victims of employment discrimination. The 143 suits represent an increase of more than 50% compared to FY 2022 levels.” Please refer to the litigation program updates for details and additional resources.

The news release is available here.

The Office of General Counsel Fiscal Year 2023 Annual Report is available here.

The data dashboard on enforcement and litigation statistics is available here.