The Washington Report
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November 1, 2023
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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 Regulations on IDR Process Under the NSA
On October 27, 2023, the Office of Personnel Management and the Departments of Health and Human Services, Labor, and the Treasury (Departments) released proposed regulations on certain new requirements for group health plans and health insurance issuers; providers, facilities, and providers of air ambulance services; and certified Independent Dispute Resolution (IDR) entities as they relate to the federal IDR process under the No Surprises Act (NSA).
The proposed regulations would establish new requirements relating to the disclosure of information that group health plans and health insurance issuers offering group or individual health insurance coverage must include along with the initial payment or notice of denial of payment for certain items and services subject to the surprise billing protections in the NSA. The proposed regulations would also require plans and issuers to communicate information by using claim adjustment reason codes and remittance advice remark codes, as specified in guidance, when providing any paper or electronic remittance advice to an entity that does not have a contractual relationship with the plan or issuer. The regulations propose to amend certain requirements related to the open negotiation period preceding the federal IDR process, the initiation of the federal IDR process, the federal IDR dispute eligibility review, and the payment and collection of administrative fees and certified IDR entity fees. Additionally, the regulations propose to define bundled payment arrangements, amend requirements related to batched items and services, and amend the rules for extensions of timeframes due to extenuating circumstances. The guidance would also require plans and issuers to register in the federal IDR portal. Comments on the proposed regulations are due by January 2, 2024.
The news release is available here.
A Fact Sheet is available here.
The proposed regulations are available here.
Other HR/Employment
EEOC Announces Opening of 2022 EEO-1 Component 1 Data Collection
On October 31, 2023, the Equal Employment Opportunity Commission (EEOC) announced the opening of the 2022 EEO-1 Component 1 data collection, which is due by December 5, 2023. The EEO-1 Component 1 report is a mandatory EEOC annual data collection requiring all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographic data including data by job category and sex and race or ethnicity.
The EEOC’s Office of Enterprise Data and Analytics, which administers the agency’s EEO data collections, also released a new EEO-1 Component 1 Data Collection Instruction Booklet. This booklet consolidates existing support materials, including frequently asked questions and fact sheets, into a single resource for filers and provides additional information to clarify eligibility and reporting requirements. Filers can visit the dedicated EEO-1 Component 1 Data Collection website to access the booklet, filing system, latest updates, and other resources.
The news release is available here.
The new EEO-1 Component 1 Data Collection Instruction Booklet is available here.
The 2022 EEO-1 Component 1 Data Collection website is available here.
Aon Publications
New Aon Report: Four Ways Retirement Plans Can Reduce the Gender Savings Gap
Attention to gender pay gaps has grown over the years, and this increased attention has led to retirement savings becoming part of the discussion in many countries. As a result, more employers are taking an interest in addressing potential gaps in their employee benefit programs and retirement savings. This new Aon thought leadership piece offers considerations for how to ensure that benefit programs are accessible, affordable, flexible, and consistent. The report discusses:
- The negative impacts of the gender savings gap; and
- Driving factors behind the gap.
The Aon Report, Four Ways Retirement Plans Can Reduce the Gender Savings Gap, is available here.