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Healthcare Briefing: Georgia Races to Shape Biden Health Policy

This week’s runoff elections in Georgia could help President-elect Joe Biden quickly confirm his cabinet and begin in earnest on his healthcare agenda. However, it won’t mean that Democrats will be able to easily make good on their promises to expand on Obamacare, send more funds to states to fight the pandemic or lower the cost of prescription drugs.

In an article for Bloomberg Government, McDermottPlus consultant Rodney Whitlock speaks to the future of healthcare policy in the United States.

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With Everyone Working from Home, What’s the Future of Freelance?

The freelance space, one of the few sectors to thrive as a result of the COVID-19 public health crisis, has seen a surge of openings, especially with the shift to remote work. But the blurred new reality can be bad for freelancers: An employer can have two workers doing essentially the same job, and sometimes what differentiates them is not what they turn in or the gains they make for the company but rather their earnings and insurance status, potentially putting a contractor in a disadvantaged position.

In a recent article from Durrelliot, McDermott partner Michelle Strowhiro explains the importance of establishing clear boundaries for freelancers and employees alike in the era of “working from home.”

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The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). Important takeaways from the guidance, as well as FAQs from the EEOC, are discussed in the attached link.

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Digital Health as Healthcare Delivery: A Path to Transform Care Delivery Post-Pandemic

As has been widely noted, the COVID-19 pandemic has prompted countless people to rely on telehealth and virtual monitoring for their healthcare needs. This dramatic pivot is catalyzing a demand for digital health tools that will persist post-pandemic, as providers, payers and patients alike grow accustomed to the benefits of digital care.

In a recent article for MedTech Intelligence, McDermott partner Jennifer S. Geetter outlines specific steps that digital health technology developers and providers can take to integrate digital health into our care delivery system.

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Passage of California Privacy Act Could Spur Similar New Regulations in Other States

On November 3, California citizens approved the California Privacy Rights and Enforcement Act (the CPRA), a comprehensive privacy law that amends another privacy law that went into effect in the state on January 1, the California Consumer Privacy Act (CCPA). The CPRA is intended to strengthen privacy regulations in California by creating new requirements for companies that collect and share sensitive personal information. It also creates a new agency, the California Privacy Protection Agency, that will be responsible for enforcing CPRA violations.

In a recent article in CSO, McDermott partner Laura Jehl discussed the impact of the CPRA on the future of privacy legislation in the United States.

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Final Rule for Selecting Retirement Plan Investments Leaves “ESG” Behind

In recent guidance, the Department of Labor clarified the retirement plan standards for environmental, social and corporate governance (ESG) investing without mentioning the term ESG. The new guidance provides that, when selecting and monitoring plan investments, an Employee Retirement Income Security Act (ERISA) fiduciary must never sacrifice investment returns, take on additional investment risk or pay higher fees to promote non-pecuniary benefits or goals.

Teal Trujillo, an incoming associate in our Chicago office, also contributed to this On the Subject.

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Podcast | After the Curve: Focus on Health Insurance and Coverage

COVID-19 has catalyzed significant changes in the patterns of healthcare delivery, with the potential for long lasting effects on payors as a result. In this episode of the After the Curve podcast, we discuss how the COVID-19 pandemic may shift the healthcare coverage and payment landscape as well as how it may boost integration among payors and providers. McDermott’s Chief Marketing Officer Leslie Tullio is joined by Kate McDonald and Ankur Goel to discuss relevant topics for both payors and the healthcare industry.

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Agencies Issue Final Employer Healthcare Price Transparency Rule

On October 29, 2020, the US Departments of Health and Human Services, Labor, and Treasury (collectively, the Departments) issued the Transparency in Coverage final rule (the Rule), along with a fact sheet, setting forth requirements for group health plans and health insurance issuers to disclose cost-sharing information upon request to participants, as well as additional pricing information to the general public.

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Securing Retirement: Additional SECURE Act and Miners Act Guidance for Retirement Plans

The Internal Revenue Service (IRS) recently issued practical and helpful guidance in a question-and-answer format for tax-qualified retirement plans and for an Individual Retirement Arrangement (IRA), regarding the legislative changes under the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) and the Bipartisan American Miners Act of 2019 (the “Miners Act”).

Teal Trujillo, an incoming associate in our Chicago office, also contributed to this On the Subject.

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Be Sure to Change Furloughs into Layoffs Lawfully

Employers that are converting furloughs into permanent layoffs need to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act and with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

In a recent article by the Society for Human Resource Management, McDermott partner Carole Spink explains why employers should carefully consider both state and federal regulations—and the importance of clear communication—when converting furloughs into layoffs.

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