Learn more about the Supreme Court reviewing the Federal Vaccine Mandate and the Increased Civil Penalty Amounts for Certain Violations in 2022:
SUPREME COURT WILL REVIEW FEDERAL VACCINE MANDATES
On Dec. 22, 2021, the U.S. Supreme Court
announced that it will hear oral arguments
regarding whether two federal vaccine
requirements can be enforced while legal
appeals are in process. On Jan. 7, 2022, the
Court will consider requests on the
Occupational Safety and Health
Administration’s (OSHA) federal emergency
temporary standard (ETS) for COVID-19 and
the Centers for Medicare & Medicaid
Services (CMS) emergency rule requiring
COVID-19 vaccination of certain health care
workers.
OSHA ETS
The ETS establishes a vaccine-or-test
requirement for private employers with 100
or more employees. These employers must
require employees to be fully vaccinated
against COVID-19 or be tested on a weekly
basis and wear face coverings at work.
OSHA issued the ETS on Nov. 5, 2021. It was
later blocked nationwide by a federal
appeals court and then reinstated by
another court. Groups challenging the rule
have asked the Supreme Court to stay the
reinstatement while they appeal the ruling.
OSHA plans to delay enforcement of the
ETS until at least Jan. 10, 2022.
CMS Rule for Health Care Workers
The CMS rule requires Medicare- and
Medicaid-certified providers and suppliers
to establish a policy requiring covered staff
members to be vaccinated against COVID19 unless they are eligible for an exemption
based on recognized medical conditions or
religious beliefs.
Multiple federal court rulings have resulted
in the CMS rule being blocked in a number
of states. While CMS has indicated that it
will not enforce the rule due to pending
litigation, the Supreme Court will consider
whether the lower court rulings should
remain in place during the appeals process.
INCREASED CIVIL PENALTY AMOUNTS FOR CERTAIN VIOLATIONS
Effective Nov. 15, 2021, the U.S.
Department of Health and Human Services
(HHS) has increased the following key
penalties affecting group health plans:
• Summary of Benefits and Coverage
(SBC)
: up to $1,190 per participant or
beneficiary.
• Medicare Secondary Payer (MSP)
: up to
$9,753.
• HIPAA privacy and security rules
:
Penalties depend on the type of
violation involved, and are broken down
into “tiers” that reflect increasing levels
of knowledge of the violation, as follows:
o Tier one
: Minimum $120, maximum
$60,226, annual cap $1,806,757
o Tier two
: Minimum $1,205,
maximum $60,226, annual cap
$1,806,757
o Tier three
: Minimum $12,045,
maximum $60,226, annual cap
$1,806,757
o Tier four
: Minimum $60,226,
maximum and annual cap
$1,806,757
Employers should become familiar with the
new penalty amounts and review their
benefit plan administration protocols to
ensure full compliance.
Provided to you by MFC Benefits, LLC
© 2022 Zywave, Inc. All rights reserved
Download the PDF copy here.