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CMS & Social Security Administration Workplace Compliance News & Resources

As employees age but continue working, employers need to be aware of their Medicare-eligible workers and also how social security impacts this group of workers. The U.S. Centers for Medicare & Medicaid (CMS) and Social Security Administration (SSA) workplace compliance news and resources here will help you navigate workplace compliance in regard to your employees’ healthcare-related benefits.

Stay on top of safety and compliance the right way with this information but be sure to seek legal counsel when you’re looking for how these changes will directly impact your business.

Medical Leave Rules

Past CMS Workplace Compliance News

Who: Group health plan sponsors

When: Notices due by October 14, 2022

Group health plan sponsors must notify individuals who are eligible for Medicare Part D coverage whether the group health coverage is creditable or non-creditable before October 15, 2022. This notice helps eligible individuals decide whether to enroll in a Medicare Part D plan or maintain their enrollment in the employer prescription drug plan.

Notices are due annually for the 12-month period ending October 14. The Centers for Medicare & Medicaid provides model notices on their website.

Group health plans covered by this requirement are those defined under the Employee Retirement Income Security Act of 1974 (ERISA) and those sponsored by unions, churches, or federal, state, or local governments. Eligible individuals may include active employees, individuals covered under COBRA, disabled employees, retired employees, and covered spouses and dependents.

An employer may choose to give notice to all plan participants in the annual open enrollment materials. In that case, the notice must be prominently referenced in at least 14-point font on the first page of the information. Alternatively, employers may choose to give notice separately to covered individuals only. Employers may give notice electronically as long as they follow the requirements.

How:

  • Send the required notice by October 14, 2022.

Additional Resources:

Centers for Medicare & Medicaid Services Model Notice Letters

Centers for Medicare & Medicaid Services Creditable Coverage

What Is Creditable Coverage?

Creditable Coverage Simplified Determination

Past Social Security Administration Workplace Compliance News

Who: All employers

When: January 1, 2022

What: Starting January 1, 2022, Social Security and Supplemental Security Income benefits will increase by 5.9% to adjust for the cost of living.

The Social Security Administration also announced a new cap on the amount of earnings that are subject to the Social Security (OASDI only) payroll tax. The limit is increasing by $4,200 to $147,000. This cap is adjusted each year based on the increase in the national average wage index.

How:

  • Update your payroll system and employee handbook as necessary to account for the higher taxable wage base.

Additional Resources:

2022 Social Security Changes Fact Sheet

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