The Washington Report
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April 5, 2023
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 adjourned for spring recess on March 31, 2023. The chambers are scheduled to return to the Hill the week of April 17.
Health
HHS Updates 2024 MA and Part D Payment Policies
On March 31, 2023, the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS), released the Calendar Year 2024 Medicare Advantage (MA) and Part D Rate Announcement that finalized payment policies for these programs. CMS will phase in certain updates, and on average, CMS anticipates a payment increase for MA plans of 3.32 percent from 2023 to 2024, which is approximately a $13.8 billion increase in MA payments for next year. Please refer to the resource links for specific details.
The news release is available here.
The 2024 Rate Announcement is available here.
A Fact Sheet is available here.
DOL/EBSA Release Additional Guidance, Blog Update on Ending of COVID-19 PHE
On March 29, 2023, the Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) released updated guidance regarding the upcoming ending of the COVID-19 public health emergency (PHE) on May 11, 2023.
The following guidance was released:
- Frequently Asked Questions (FAQs) about Families First Coronavirus Response Act, Coronavirus Aid, Relief, and Economic Security Act, and Health Insurance Portability and Accountability Act Implementation Part 58: The FAQs address how the end of the PHE affects requirements to cover COVID-19 diagnostic testing and vaccines, as well as how the end of the PHE affects extensions of certain time frames for employee benefit plans and their participants and families.
- DOL Blog: What Does the End of the COVID-19 Public Health Emergency Mean for Health Benefits?: On the same day of the FAQs release, the DOL also published a new blog entry summarizing a few key items that employers and other plan sponsors should be aware of during the PHE transition.
For additional information, see the Aon bulletin, A Post-Pandemic Guide for Employers After the COVID-19 Emergency Ends and Things Finally Get Back to Normal—Now With Even More Guidance! in the Publications section of the newsletter.
The FAQs about Families First Coronavirus Response Act, Coronavirus Aid, Relief, and Economic Security Act, and Health Insurance Portability and Accountability Act Implementation Part 58, are available here.
Previously issued FAQs are available here and here.
Additional information is available at the DOL’s blog. The latest update, What Does the End of the COVID-19 Public Health Emergency Mean for Health Benefits?, is available here.
Aon Publications
CMS Updates RxDC Reporting Instructions
The Centers for Medicare & Medicaid Services (CMS) has issued a new manual of reporting instructions for the Prescription Drug Data Collection (RxDC) submission process. This Aon bulletin discusses the more significant changes and clarifications in the Instructions, which will affect future RxDC submissions starting with the filing due June 1, 2023.
The Aon bulletin is available here.
U.S. District Court Strikes Down Certain ACA Preventive Care Services for Health Plans Nationwide
A U.S. District Court for the Northern District of Texas has struck down the Affordable Care Act (ACA) requirement that health plans cover certain preventive care services recommended by the U.S. Preventive Services Task Force. The District Court’s decision in Braidwood Management v. Becerra applies nationwide.
This Aon bulletin discusses the following:
- Background and Decision
- Impact on Employers
- Next Steps
The Aon bulletin is available here.
A Post-Pandemic Guide for Employers After the COVID-19 Emergency Ends and Things Finally Get Back to Normal—Now With Even More Guidance!
President Biden announced that the COVID-19 Public Health Emergency (PHE) and the National Emergency Declaration (NED) will end on May 11, 2023, allowing for plan design and administration to revert to pre-pandemic terms.
This Aon bulletin will discuss:
- The End of the PHE: Options for plan sponsors after the PHE ends on May 11, 2023;
- The End of the NED: Examples of the impact on COBRA elections, HIPAA Special Enrollment Rights, and Claims Administration;
- State Coverage Requirements; and
- Action Steps for Employers.
The Aon bulletin is available here.