The Washington Report
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September 27, 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.
Health
Departments Release Proposed Rules on IDR Fees Under No Surprises Act
On September 21, 2023, the Departments of Labor, Treasury, and Health and Human Services (Departments) released proposed rules related to the fees established by the No Surprises Act for the federal Independent Dispute Resolution (IDR) process, as established by the Consolidated Appropriations Act, 2021. The proposed rules would amend existing regulations to provide that the administrative fee amount charged by the Departments to participate in the federal IDR process, and the ranges for certified IDR entity fees for single and batched determinations, will be set by the Departments through notice and comment rulemaking. The proposed rules would also establish the methodology used to calculate the administrative fee and the considerations used to develop the certified IDR entity fee ranges. The rules also propose the amount of the administrative fee for disputes initiated on or after the later of the effective date of these rules or January 1, 2024. Finally, the rules propose the certified IDR entity fee ranges for disputes initiated on or after the later of the effective date of these rules or January 1, 2024. Comments on the proposed rules must be received by October 26, 2023.
The proposed rules are available here.
Other HR/Employment
IRS Releases Guidance on Special Per Diem Rates
On September 25, 2023, the Internal Revenue Service (IRS) released guidance (Notice 2023-68 and Revenue Procedure 2019-48) on special per diem rates. Notice 2023-68 provides the 2023–2024 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home, specifically: 1) the special transportation industry meal and incidental expenses rates; 2) the rate for the incidental expenses-only deduction; and 3) the rates and list of high-cost localities for purposes of the high-low substantiation method. Revenue Procedure 2019-48 provides the rules for using per diem rates, rather than actual expenses, to substantiate the amount of expenses for lodging, meals, and incidental expenses for travel away from home. Please refer to the guidance for specific details.
Notice 2023-68 is available here.
Revenue Procedure 2019-48 is available here.
EEOC Releases SEP for Fiscal Years 2024 – 2028
On September 21, 2023, the Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan (SEP) for Fiscal Years 2024 – 2028. The SEP establishes the “EEOC’s subject matter priorities to achieve its mission of preventing and remedying unlawful employment discrimination and to advance its vision of fair and inclusive workplaces with equal opportunity for all.” Changes to the SEP include:
- Targeting discrimination, bias, and hate directed against religious minorities, racial or ethnic groups, and LGBTQI+ individuals.
- Expanding the underserved worker priority to include additional categories of workers who may be unaware of their rights under equal employment opportunity (EEO) laws.
- Updating the emerging and developing issues priority to include protecting workers affected by pregnancy, childbirth, or related medical conditions, including under the new Pregnant Workers Fairness Act and other EEO laws; employment discrimination associated with the long-term effects of COVID-19 symptoms; and technology-related employment discrimination.
- Highlighting the continued underrepresentation of women and workers of color in certain industries and sectors.
- Recognizing employers’ increasing use of technology, including artificial intelligence and machine learning, to target job advertisements, recruit applicants, and make or assist in hiring and other employment decisions.
- Preserving access to the legal system by addressing overly broad waivers, releases, non-disclosure agreements, or non-disparagement agreements when they restrict workers’ ability to obtain remedies for civil rights violations.
Earlier this year, the agency published its Strategic Plan for Fiscal Years 2022 – 2026. The SEP works together with the Strategic Plan by establishing substantive law enforcement priorities.
The news release is available here.
The SEP for Fiscal Years 2024 – 2028 is available here.
The Strategic Plan for Fiscal Years 2022 – 2026 is available here.