The Washington Report
If you elect to comment or engage with our content via third-party social media websites, you authorize Aon to have access to certain social media profile information. Please click here to learn more about information that may be collected when using these tools on Aon.com
April 29, 2020
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. Stay healthy and safe! ~The Washington Report team
Executive/Judicial/Legislative
Supreme Court Rules Government Owes ACA Insurers $12 Billion
On April 27, 2020, the Supreme Court ruled that the federal government owes $12 billion to insurance companies that sold Affordable Care Act (ACA) coverage in the health Exchanges. The Court heard oral arguments for the case (Maine Community Health Options v. United States) in December. The insurance companies from several states indicated they sustained financial risk from selling the ACA coverage and were promised reimbursement for any losses.
The Supreme Court opinion is available here.
President Signs COVID-19 Relief Bill Into Law
President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (H.R. 266) into law on April 24, 2020. The Senate passed the bill on April 21, and the House approved the legislation on April 23. Among other provisions, the law provides small business loans as part of the Paycheck Protection Program and also includes funding provisions for health care testing and disaster loans in response to the pandemic.
The full text of H.R. 266 is available here.
Senate to Reconvene; House Delays Return
The Senate is scheduled to return to the Hill on May 4, 2020, after an extended recess due to the pandemic. The House will not bring the chamber back into session next week, citing an increase in COVID-19 cases in the area. In a statement, House Majority Leader Steny Hoyer (D-MD) said he hopes the House will “come back very soon.”
Other HR/Employment
EEOC Updates Technical Assistance Bulletin; Addresses Additional Pandemic Workplace Issues
On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) again updated an expanded technical assistance publication addressing questions arising under the federal Equal Employment Opportunity (EEO) Laws related to the COVID-19 pandemic. The latest update includes technical assistance questions and answers. The publication, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, expands on a previous publication that focused on the Americans with Disabilities Act (ADA) and Rehabilitation Act, and adds questions-and-answers on testing, medical exams, and essential workers. The EEOC has also provided resources on its website related to the pandemic in an employment context.
The publication, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, is available here.
Additional EEOC resources related to COVID-19 are available here.
Aon Publications
Now Available: Retirement Legal Consulting & Compliance Quarterly Update
The Retirement Legal Consulting & Compliance practice is pleased to present its Quarterly Update of recent legal developments for the second quarter of 2020. In this issue you will find the following articles:
- COVID-19 Impact on Pension Plans
- CARES Act Coronavirus Relief: Impact on DB and DC Plans
- The Market's Down: Now What?
- Temporary Paid Sick Leave and Expanded FMLA Provisions
- Someone CARES: Tax-Free Employer Payment of Student Loans
- Deciding to Join a Pooled Employer Plan: The Process
- Employer Gift Acceptance Challenged in Plan Fee Litigation
- Intel Decision Provides Procedural Path for Plan Sponsors
- Quarterly Roundup of Other New Developments
- Recent Publications
The second quarter 2020 issue of the Retirement Legal Consulting & Compliance Quarterly Update is available here.