Updated Apr. 11, 2023. "In light of the announced end of the COVID-19 public health emergency (PHE), can [HHS] clarify [1] which telehealth services are valid for data submissions for the HHS-operated risk adjustment program in the 2023 benefit year? ... [2] which telephone service codes are valid for data submissions for the HHS-operated risk adjustment program? ... [3] what telehealth service codes will be valid for inclusion for the 2023 benefit year HHS-operated risk adjustment program?"  MORE >>

"Despite originally announcing that both the COVID Public Health Emergency and National Emergency would end on May 11, President Biden has signed a resolution ending the National Emergency effective as of April 10, 2023. Plan sponsors will now have less time to react to the end of the National Emergency, but this does not mean that all COVID coverage mandates or extensions have ended."  MORE >>

"On April 10, 2023, President Biden signed into law HJRes 7, which terminated the President’s national emergency declaration for COVID-19 effective immediately.  ... [T]he COVID-19 'outbreak period' will end 60 days later ... As a result, on June 10, 2023, any deadlines that are 'paused' as a result of the national emergency, such as deadlines for COBRA elections, COBRA premium payments, and certain COBRA notices; HIPAA special enrollment requests; and the filing of claims and appeals, will start to run again."  MORE >>

"Although the signing of the bill immediately ends the COVID-19 national emergency, the public health emergency (PHE) remains in effect.... The PHE has more provisions that affect employers, such as COVID-19 testing and vaccine mandates.... The end of the national emergency ... ends provisions that allowed for extended time for special enrollment in plans due to life events such as losing coverage, getting married or having children[.]"  MORE >>

"[P]ayroll tax withholding under the Washington State Long Term Care Act ['Washington Cares'] will begin on July 1, 2023, unless an employee qualifies for an exemption. Companies with employees in Washington will need to be ready to withhold the payroll tax and keep track of employees who are exempt from withholding."  MORE >>

"The court concluded in its most recent decision that, rather than the narrow approach of severing the ACA provisions that violated the Appointments Clause, it was appropriate to instead grant universal relief by vacating all agency actions that implemented USPSTF's recommendations on or after March 23, 2010 and enjoining agencies from implementing USPSTF recommendations in the future. USPSTF recommendations include not only PrEP drugs but a wide variety of additional preventive care treatment, including cancer, diabetes, and heart disease screenings." [Braidwood Management, Inc. v. Becerra, No. 20-0283 (N.D. Tex. Mar. 30, 2023; notice of appeal filed Mar. 31, 2023)]  MORE >>

"[A] Texas district court ruled to stay the [FDA's] administrative approval of mifepristone (a medication abortion drug) ... On the same day, a Washington State district court preliminarily enjoined the FDA from 'altering the status quo' regarding the availability of mifepristone ... The Texas ruling in particular, if it goes into effect, will have a significant impact on employer-sponsored health plans that currently cover mifepristone for medication abortion." [Alliance for Hippocratic Med. v. U.S. Food & Drug Admin., No. 22-0223 (N.D. Tex. Apr. 7, 2023); Washington v. U.S. Food & Drug Admin., No. 23-3026 (E.D. Wash. Apr. 7, 2023)]  MORE >>