Welcome to our Legislative Review page for employers. For information on legislative and regulatory topics released during Q1 2022, please visit the following links.

YOUR DEDICATED BROKER CAN HELP

We encourage employers to contact their broker directly to discuss recent legislative changes and how they apply to your business.

What Are Employer Responsibilities?

Savoy has created extensive compliance guides to help you stay informed and navigate through the changes. 

Get the details on these top topics:

• COVID-19 RESOURCES
• COVID-19 FAQs
• COVID-19 AT-HOME TESTING COVERAGE CARRIER GUIDELINES

Attend one of our upcoming Employer Services and Compliance webinars—you may quality to earn 1 HR recertification credit and 1 PDC recertification credit for your participation. 

Q2

• April 20 – ERISA Compliance 101: Classes and Contributions
• May 18 – ERISA Compliance 101: Form 5500 Filings
• June 15 – PCORI Fees & MLR Rebates

Q3

• July 20 – Attendees' Choice | Submit Your Topic 
• August 17 – HR Technology Trends
• September 21 – ERISA Compliance 101: Plan Documents

Q4

• October 19 – Annual Required Notices & Electronic Disclosures
• November 16 – Employer Shared Responsibility Reporting
• December 21 – Year in Review & Looking Ahead

Q1 2022 Legislative Review 

Federal

January

• President Biden Requires Insurance Companies & Group Health Plans to Cover Cost of At-Home COVID-19 Tests

  • The federal government requires insurance companies and group health plans to cover the cost of over-the-counter, at-home COVID-19 tests, so people with private health coverage can get them for free.

• IRS Announces Annual PCORI Fee Adjustment for 2022

  • Employers that sponsor certain self-insured health plans are responsible for Patient-Centered Outcomes Research Institute (PCORI) fees.

• Biden Administration Announces 2023 Out-of-Pocket Limits and PCORI Fee for the Upcoming Year

  • The 2023 plan year out-of-pocket limits as well as the Patient-Centered Outcomes Research Institute (PCORI) fees for plan or policy years ending on or after October 1, 2021, and before October 1, 2022, have been announced.

• Supreme Court Blocks Nationwide Vaccine and Testing Mandate for Large Businesses
  • The Supreme Court blocks the Occupational Safety and Health Administration's (OHSA) COVID-19 Vaccination and Testing Emergency Temporary Standard in a 6-3 vote, sending the case back to the 6th Circuit.
• Supreme Court Strikes Down Vaccine or Testing Mandate for Large Employers, Upholds Requirement for Healthcare Workplaces
  • The Supreme Court voted to block the continued enforcement of the Occupational Safety and Health Administration's (OSHA) ETS requiring large employers to either require all employees to obtain their COVID–19 vaccinations or submit to weekly virus testing.
• U.S. DOL Announced the 2022 Annual Adjustments to the Civil Penalty Amounts
  • The U.S. Department of Labor (DOL) announced the 2022 annual adjustments to the Civil Penalty Amounts effective for penalties assessed after January 15, 2022.
• OSHA Vaccine Mandate for Large Employers
  • On January 25, 2022, the Occupational Safety and Health Administration (OHSA) announced that they are withdrawing the Vaccination and Testing Emergency Temporary Standard (ETS) that was adopted in November 2021, effective immediately.
• HHS Extends Public Health Emergency Until April 16, 2022
  • This action extends the Public Health Emergency period for an additional 90 days, which is now set to expire on April 16, 2022.
• New Model Employer CHIP Notice Issued on January 31, 2022
  • The U.S. Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of January 31, 2022.

February

• Additional Guidance Issued on OTC COVID-19 Test Mandate
  • On February 4, 2022, additional guidance was issued on the federal mandate requiring health plans to provide OTC COVID-19 tests at no cost to participants.
• New Guidance on the Federal Surprise Billing Process
  • The new rules prohibit providers from charging out-of-network rates for emergency care, air ambulance services, and all care by an out-of-network provider in an in-network facility.

• IRS Updates FAQs for the Premium Tax Credit
  • The Internal Revenue Service (IRS) updated its frequently asked questions (FAQs) on the Premium Tax Credit.

• President Biden Extends the National Emergency Declaration 
  • On Friday, February 18, President Biden sent a letter to Congress stating the national emergency declaration will be extended beyond March 1, 2022.

March

• New Updates to Surprise Billing Independent Dispute Resolution Process
  • A federal judge for the Eastern District of Texas invalidated a portion of the independent dispute resolution process outlined in the interim final rules for the No Surprises Act.

• Recent Guidance Expands Preventive Care for Women
  • The Health Resources and Services Administration (HRSA), which maintains responsibility for the comprehensive guidelines for women, recently issued new guidance that updates and expands the list of women’s preventive services.
• Consolidated Appropriations Act of 2022 Includes Federal Extension to Telehealth Protections for HDHPs
  • Congress passed the Consolidated Appropriations Act (CAA) of 2022 the bill which extends access to telehealth services for individuals who are covered under a HSA-qualified High Deductible Health Plans (HDHP).
• OSHA Announces Enforcement Effort for High-Hazard Health Care Facilities
  • The Occupational Safety and Health Administration (OHSA) announced an enforcement memorandum for a short-term increase in highly focused inspections directed at hospitals and skilled nursing care facilities that treat COVID-19 patients.
• DOL Proposes Updates to Davis-Bacon and Related Acts
  • On March 11, 2022, the U.S. Department of Labor (DOL) announced a proposed rule to update certain provisions of the Davis-Bacon Act and other related laws that regulate wage rates for federal and federally assisted construction projects. 
• HHS Adjusts Civil Monetary Penalties Again for HIPAA, MSP, and SBC Violations, Effective March 17, 2022
  • The Department of Health and Human Services (HHS) has announced adjustments of civil monetary penalties for statutes within its jurisdiction.
• DOL Issues Guidance on Unlawful Retaliation Under FMLA and EO 13706
  • The Bulletin released on March 10, 2022, offers two examples of retaliation that would violate the Family Medical Leave Act (FMLA).
• OSHA Reopens Rule-Making Record for COVID-19 Health Care Rule
  • On March 22, 2022, OSHA partially reopened the rule-making record and scheduled an informal public hearing to seek comments on specific topics that relate to the development of a final standard to protect health care and health care support service workers from workplace exposure to COVID-19.

New York

January

• New York Adopts Final Regulations for Paid Sick Leave
  • The New York State Department of Labor has adopted final regulations for the state’s paid sick leave law.
• New York City Employers Must Allow Leave for Child COVID-19 Vaccinations
  • New York City has enacted a law requiring employers to provide paid leave for employees to accompany their children to COVID-19 vaccination appointments and care for them during vaccine recovery.

February

• New York to Require Employee Electronic Monitoring Notification
  • New York amended its civil rights laws to require employers not only to disclose electronic monitoring activities to their employees but also to require employee acknowledgment before monitoring can begin.

March

• New York HERO Act Ends COVID-19 Designation as an Infectious Disease
  • On March 17, 2022, the New York State Department of Health (DOH) ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the Health and Essential Rights Act (NY HERO Act).

New Jersey

February

• New Jersey Employers to Disclose Employee Monitoring During Travel
  • Under the new law, employers cannot use tracking or electronic communications devices in a vehicle used by an employee unless they first provide written notice to the employee.
• Free or Nearly Free Health Coverage Through New Jersey’s “Expanded Access” Initiative
  • The new Expanded Access Special Enrollment Period allows qualifying consumers with an annual household income of up to 200% of the federal poverty level to enroll in a health plan throughout the year.

Pennsylvania 

March

• Philadelphia Passes New COVID-19 Paid Leave Law
  • Philadelphia has enacted a new law that requires employers to provide paid time off for COVID-19 purposes.

This page and its links are informational only and are not intended to constitute legal, tax or business advice. For further information, please refer to your lawyer, business or tax advisor. The accuracy, currency or completeness of the information contained herein is not guaranteed.