McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsHHS Nondiscrimination Proposal on Gender Procedures, Abortions Meets Resistance
By McDermott Will & Emery on Dec 21, 2022
Posted In Employee Benefits, Health and Welfare Plans
Multiple Republican lawmakers are opposing a US Department of Health and Human Services (HHS) proposed rule that would expand the Affordable Care Act’s Section 1557 requirement preventing most health plans from discriminating on the basis of sex. According to this SHRM article, the rule applies to health insurers or plans that receive federal funds or...
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Senate Approves Resolution to End COVID-19 National Emergency Declaration
By McDermott Will & Emery on Nov 22, 2022
Posted In Employee Benefits, Health and Welfare Plans
On November 15, the Senate approved a resolution to end the national emergency concerning COVID-19 declared by the president on March 13, 2020. The resolution was approved by a bipartisan vote of 62–36, with 13 Democrats joining all present Republicans in voting for the resolution. While ending the national emergency is different than ending the...
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Post-Election Committee Membership Tracker
By McDermott Will & Emery on Nov 4, 2022
Posted In Health and Welfare Plans
This document serves as a tool to track key congressional positions, as well as potential and pending changes that are relevant to health policy on Capitol Hill. It covers US House of Representatives and US Senate leadership and membership of the healthcare committees of jurisdiction. This tracker will be updated after the election when Congress...
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GAO Releases Report on Telehealth
By McDermott Will & Emery on Oct 25, 2022
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
On September 26, the US Government Accountability Office (GAO) released a report titled “Medicare Telehealth: Actions Needed to Strengthen Oversight and Help Providers Educate Patients on Privacy and Security Risks.” The 75-page report describes the utilization of Medicare telehealth services under current pandemic-related waivers, the Centers for Medicare & Medicaid Services (CMS) efforts to identify and monitor risks...
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Cartel Corner | August 2022 (Labor Markets)
By McDermott Will & Emery on Oct 6, 2022
Posted In Employment, Labor
The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the civil context, resulting in fines for companies and individuals found to have participated in inappropriate practices. In late 2016, the DOJ began its campaign to expand...
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CMS Announces 2023 Medicare Premiums and Deductibles
By McDermott Will & Emery on Oct 3, 2022
Posted In Employee Benefits, Health and Welfare Plans
On September 27, 2022, the Centers for Medicare & Medicaid Services (CMS) released 2023 premiums, deductibles and coinsurance amounts for Medicare Parts A and B, and the Medicare Part D income-related monthly adjustment amounts. In 2023, the standard monthly premium for Medicare Part B enrollees will be $164.90, a decrease of $5.20 (from $170.10) in 2022,...
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California Governor Signs Landmark Legislation That Gives Bargaining Power to Nonunionized Fast-Food Workers
By Saniya Ahmed, Ludia Kwon and McDermott Will & Emery on Sep 13, 2022
Posted In Employee Benefits, Labor
On September 5, 2022, California Governor Gavin Newsom signed landmark legislation aimed at further regulating the working conditions and wages of California’s fast- food workers. This bill has immediate impact on certain employers and franchisors doing business in the Golden State. Assembly Bill (AB) 257, also known as the Fast Food Accountability and Standards Recovery...
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Responsible Financial Innovation Act: Proposed Tax and Reporting for Digital Assets
By John Lutz, William R. Pomierski, Andrew Granek and McDermott Will & Emery on Sep 8, 2022
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Retirement Plans
On June 7, 2022, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced the highly anticipated Responsible Financial Innovation Act (the bill), which sets out to create the first complete regulatory and bipartisan framework for digital assets. The bill is intended to establish some legal clarity for regulators and the industry and to protect consumers...
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CMS Recommends Cost Savings Be Passed Along to Medicare Part B Beneficiaries
By McDermott Will & Emery on Aug 16, 2022
Posted In Employee Benefits, Health and Welfare Plans
The US Centers for Medicare & Medicaid Services (CMS) recently released a report recommending that cost savings from lower-than-expected Medicare Part B spending be passed along to individuals with Medicare Part B coverage in the calculation of the 2023 Part B premium. CMS’s recommendations are based upon the development of the Part B premium and...
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Monkeypox Declared a National Public Health Emergency
By McDermott Will & Emery on Aug 12, 2022
Posted In Employee Benefits, Health and Welfare Plans
On August 4, 2022, the Biden administration declared monkeypox a public health emergency (PHE), a step that will allow the federal government to work with more agility to combat the spreading outbreak, including via expedited vaccine distribution and expanded testing. The PHE declaration follows the recent appointment of federal officials to head up the monkeypox...
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