Utah Compliance Connection - June 2022

Download the PDF version here.

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Federal Compliance Update 

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Federal: ACA, Health Plans, and Reproductive Rights

The U.S. Department of Health & Human Services’ (HHS) press release from June 25, 2022, provides information about the right to access health care, have it covered by insurance or other health care coverage if available, where to go if someone doesn’t have coverage, and how to get more information. 

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Most health coverage— whether its public (Medicaid) or private (through the Affordable Care Act (ACA) Marketplace or an employer)— covers family planning counseling, birth control, and other preventive services at no cost to the individual. Under the ACA, most health plans are required to provide birth control and family planning counseling with no out-of-pocket costs. This includes:

• Hormonal methods, like birth control pills and vaginal rings.
• Implanted devices, like intrauterine devices (IUDs).
• Emergency contraception, like Plan B and ella.
• Barrier methods, like diaphragms and sponges.
• Patient education and counseling.
• Sterilization procedures.

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Learn more about birth control coverage requirements for different types of health plans on HealthCare.gov (a federal government website managed by the U.S. Centers for Medicare & Medicaid Services). 

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Additionally, the right to access other preventive health services with no out-of-pocket costs is legally required under most health insurance plans. Most health insurance plans are required to cover women’s preventive health services, including: 

• Well-woman visits to screen health at any time, including a pap smear, breast exam, and regular checkup. 
• Counseling and screening services. 
• Breast and cervical cancer screenings. 
• Prenatal care (care received while pregnant). 
• Breastfeeding services and supplies. 
• Interpersonal violence screening and counseling (for instance, sexual assault evidence collection exams). 
• HIV screening and STI counseling. 

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The HHS website ReproductiveRights.gov provides more information about legal rights and available federal resources.

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Federal: IRS Increases Mileage Reimbursement Rate Starting July 1

The Internal Revenue Service (IRS) has announced that its optional standard mileage rate will increase to 62.5 cents per mile driven for business purposes. The increase takes effect on July 1, 2022.

Use of this rate is optional, though it is widely used by employers as a standard rate for calculating mileage reimbursement for employees who use their personal vehicle for business purposes. If your organization uses the IRS rate to calculate mileage reimbursement, be sure to update your systems to account for this change.

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DOL to Hire 100 Investigators, Signaling Potential Enforcement Increase

The U.S. Department of Labor (DOL) recently announced an initiative to add 100 investigators to its Wage and Hour Division (WHD)—a potential sign to employers that increased enforcement may be on the horizon.

The WHD is tasked with enforcing comprehensive labor laws that affect more than 148 million workers. This latest push for WHD investigators tracks with the White House’s larger agenda of strengthening workers’ rights.

According to the DOL, the core enforcement obligations of WHD investigators include:

• Conducting investigations to determine if employers are paying workers and affording them their rights as the law requires
• Helping ensure that law-abiding employers are not undercut by employers who violate the law
• Promoting compliance through outreach and public education initiatives
• Supporting efforts to combat worker retaliation and worker misclassification as independent contractors

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In fiscal year 2021, the WHD collected $230 million in wages owed to 190,000 workers, according to the DOL. 

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What’s Next?

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This addition of WHD investigators could translate to an increase in enforcement in 2022. 

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This means employers should continue to review relevant workplace laws to ensure wage and hour compliance. Common violations include worker misclassification, unpaid overtime, tip theft, insufficient break periods and failure to provide protected leave.

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Employers concerned about potential violations are encouraged to speak with legal counsel.

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State Compliance Update

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Nothing to report this month...

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Compliance Calendar

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June

No reporting to discuss for June

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July

No reporting to discuss for June

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August

8/1 – Form 5500 Deadline (calendar year plans)

8/1 – Form 941 Filing Deadline (second quarter)

8/1 – PCORI Fee Deadline

8/1 – VETS-4212 Filing Open (federal contractor)

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