On October 29, 2024, the US Department of Justice (DOJ) issued a proposed rule to implement US President Joe Biden’s Executive Order (EO) 14117. This order aims to prevent countries of concern from accessing Americans’ sensitive personal data and US-government-related data. The proposal specifically includes health data as a category of sensitive personal data that could be exploited. Health insurers, service providers to health plans, and healthcare providers should review this proposed rule closely.
Virtual Care Policy Update: What to Expect in Lame Duck
The Consolidated Appropriations Act (CAA), 2023 (Public Law 117-328), extended certain key virtual care flexibilities instituted during the COVID-19 public health emergency through December 31, 2024. This includes the telehealth safe harbor for health savings account-eligible high deductible health plans. Without congressional action, these waivers and flexibilities will end on December 31, 2024.
Read the latest update from McDermott+ for more information on these policies, relevant regulatory and congressional action, and the likelihood of further extensions before the end of this year.
Unpacking the Over-the-Counter Contraception Proposed Rule
Sarah Raaii recently joined McDermott+’s Maddie News on the Health Policy Breakroom Podcast to discuss proposed rules issued by the Biden administration that require health plans to cover certain over-the-counter services, including contraception items.
IRS Releases Regulatory Notices Related to Health Plan Coverage of Contraceptives
The Internal Revenue Service (IRS) recently released Internal Revenue Bulletin 2024-44. The Bulletin includes Notice 2024-71, which provides a safe harbor under Internal Revenue Code § 213(d), treating amounts paid for condoms as medical care expenses eligible for reimbursement under various health plans. It also includes Notice 2024-75, which expands the list of preventive care benefits that high-deductible health plans can provide without a deductible or with a lower deductible, including benefits for over-the-counter oral contraceptives and condoms.
IRS Issues New Long-Term, Part-Time Employee Guidance Under the SECURE 2.0 Act for 403(b) Plans
On October 3, 2024, the Internal Revenue Service (IRS) released Notice 2024-73, which provides guidance on the application of nondiscrimination rules under Internal Revenue Code § 403(b) for long-term, part-time employees. The notice also announces that the final regulations, which the IRS will issue for 401(k) plans on long-term, part-time employees, will apply to plan years beginning on or after January 1, 2026.
Read more about this and other IRS regulatory updates in this Weekly IRS Roundup.
