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Our first Policy Roundup
for 2022 includes:
1.
COVID-19 updates:
·
EEOC: When COVID-19 may be
considered a disability
·
DOJ: COVID-19 and the ADA
2.
Input needed:
·
CMS: Coverage of
monoclonal antibodies in Alzheimer’s research (due
4/11)
·
CMS proposed rule change:
Medicare Advantage and prescription drug plans (due 3/7)
·
White House RFI:
Strengthening community health through technology (due
2/28)
3.
CMS fact sheet: No
Surprises Act
COVID-19
Updates
EEOC:
When COVID-19 may be considered a disability; impact on
employment
The Equal Employment
Opportunity Commission (EEOC) has added a new section to its
COVID-19-related technical assistance to clarify when
COVID-19 may be considered a disability and what that means
for employers, employees, and job applicants.
This new addition provides examples to illustrate when
COVID-19 or disabilities arising from conditions that were
caused or worsened by COVID-19 may meet the definition of
disability under Title I of the Americans with Disabilities
Act (ADA) or Section 501 of the Rehabilitation Act, which
the EEOC enforces, and when employees or job applicants may
be entitled to reasonable accommodations at work as a
result. It also addresses nondiscrimination protections
provided to employees and job applicants under the ADA and
the Rehabilitation Act and clarifies that certain ADA
protections apply to all job applicants and employees,
regardless of whether they have a disability. Read more.
DOJ
Guidance on visitation in medical facilities and
accessibility of outdoor retail/dining
On January 5, the
Department of Justice updated its “Common
Questions About COVID and the ADA” to address
visitation in medical facilities and accessibility of
outdoor dining and retail spaces.
The guidance clarifies that the ADA requires medical
facilities to allow visitors if they are needed to ensure
equal access to care for people with disabilities and
provides examples of situations to which this requirement
may apply. It also clarifies that outdoor retail and dining
spaces (sometimes called “streateries”) must be accessible
to people with disabilities and provides examples of how
those establishments and local governments can ensure
accessibility.
CDC
Updates Consumer Mask Webpage
The Centers for Disease
Control and Prevention (CDC) has updated its webpage
describing the types of masks and respirators used to
prevent transmission of COVID-19 to help people determine
which options are best for them. The updated page lays out
the protection provided by available masks and respirators,
noting that some types of masks and respirators provide
better protection than others.
Input
needed
CMS
Proposes to Add Beneficiary Protections to Medicare
Advantage and Prescription Drug Plan Rules
The Centers for Medicare
& Medicaid Services (CMS) has published a proposed rule to lower
out-of-pocket Medicare Part D prescription drug costs and
improve consumer protections, reduce disparities, and
improve health equity in MA and Part D programs. A fact
sheet summarizing the proposed changes is available here.
Comments can be submitted by mail or online until March 7.
The rule includes several provisions important to ACL’s
networks. For example, it would:
- Revise marketing and communications
requirements to help ensure that beneficiaries get
accurate and accessible information about Medicare
coverage. Read more.
CMS:
Proposed coverage of monoclonal antibodies directed against
amyloid for Alzheimer’s patients enrolled in approved
trials
CMS has released a proposal to cover
monoclonal antibodies directed against amyloid for the
treatment of Alzheimer’s disease for Medicare
beneficiaries who have mild cognitive impairment due to
Alzheimer’s or mild Alzheimer’s dementia and who are
enrolled in approved medical trials.
The memo lays out the criteria for CMS-approved trials,
which must include a diverse group of participants that are
representative of the Medicare population. Comments
surrounding the criteria for approving trials, particularly
around ensuring diversity, are encouraged.
Comments can be submitted
until February 10. CMS expects to issue a final decision
regarding coverage on or before April 11.
White
House seeks input on strengthening community health through
technology
The White House Office of
Science and Technology Policy (OSTP) has published a request for information
(RFI) soliciting information on how digital health
technologies are used, or could be used in the future, to
transform community health, individual wellness, and health
equity. Comments are due by 5:00 PM ET on February 28 and
can be submitted via email to connectedhealth@ostp.eop.gov
or via phone at 202-456-3030.
The RFI specifically requests input on several areas of
interest to ACL’s networks, including:
- Barriers to the use of digital
health technologies in community-based settings faced
by individuals or organizations. Read more.
CMS
Fact Sheet: No Surprises Act
On January 1, the No
Surprises Act went into effect,
establishing protections against surprise billing and
excessive cost-sharing for people who are covered by
commercial health plans. CMS has published this fact sheet and updated
this webpage to help people
understand these protections. Read more
about the No Surprises Act.
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