"With respect to health coverage in 2021, the ACA deadlines range from February 28 to March 31, 2022, and the state deadlines range from January 31 to April 31, 2022. All of the reporting discussed in this alert relates to health coverage in 2021."  MORE >>

"Any future permanent standard faces an uphill struggle, however. While lower courts focused much of their attention on whether the rule was permissible as an emergency standard, the Supreme Court's opinion cast doubt on whether OSHA had the authority to issue its shot-or-test mandate at all, suggesting Congress had not clearly delegated such power to the agency, regardless of whether the standard was of a permanent or emergency nature."  MORE >>

"Employers that choose to maintain workplace vaccination policies must still follow other applicable laws (such as Title VII and the Americans with Disabilities Act) and be cognizant of state and local requirements[.]"  MORE >>

"The comment period on the interim final rule and request for comments, which had been extended, closed on January 19.... The agency could re-open the comment period. But given the pressure to move expeditiously during the ongoing pandemic, it may opt to craft a modified interim final rule that, incorporating comments and concerns expressed by the Supreme Court, narrows the rule's reach and makes its requirements more nuanced for particular workplaces and industries."  MORE >>

"[S]hould OSHA maintain the ETS as its proposal rather than issue a revised proposal and/or reopen the comment period, any permanent standard has to be a 'logical outgrowth' of the ETS.... A permanent standard may resemble a watered-down version of the ETS. Alternatively, OSHA might consider re-opening the comment period or issuing an updated proposal before issuing a permanent standard."  MORE >>

"AHIP argues in support of HHS' legal arguments for its rules for implementing the No Surprises Act in relation to air ambulance transport, and that HHS' cross-motion for summary judgment should be granted.... [1] Air ambulance market dysfunction creates perverse incentive to not join networks.... [2] Qualifying payment amount (QPA) rule sensibly addresses market dynamics.... [3] Private equity impacts the air ambulance market, too."  MORE >>