In the News

Explainer: What do we Know About COVID Variant XBB.1.5?

Reuters: By Gabrielle Tétrault-Farber and Jennifer Rigby

The Omicron subvariant, XBB.1.5, is causing concern among scientists after its rapid spread in the United States in December.

Here is what we know so far:

WHAT IS THE XBB.1.5 SUBVARIANT AND HOW DOES IT BEHAVE?

The World Health Organization's senior epidemiologist Maria Van Kerkhove said XBB.1.5 is the most transmissible Omicron sub-variant that has been detected so far. It spreads rapidly because of the mutations it contains, allowing it to adhere to cells and replicate easily.

"Our concern is how transmissible it is," Van Kerkhove said in a news briefing on Wednesday.

XBB and XBB.1.5 were estimated to account for 44.1% of COVID-19 cases in the United States in the week of Dec. 31, up from 25.9% in the previous week, according to data from the U.S. Centers for Disease Control and Prevention. It has also been detected in 28 other countries worldwide, the WHO said.

XBB.1.5 is yet another descendant of Omicron, the most contagious variant of the virus causing COVID-19 that is now globally dominant. It is an offshoot of XBB, first detected in October, which is itself a recombinant of two other Omicron sub-variants.

HOW DANGEROUS IS XBB.1.5?

The WHO said it does not have any data on severity yet, or a clinical picture on its impact. It said that it saw no indication that its severity had changed but that increased transmissibility is always a concern.

"We do expect further waves of infection around the world, but that doesn't have to translate into further waves of death because our countermeasures continue to work," said Van Kerkhove, referring to vaccines and treatments.

She said the WHO was unable to currently attribute the increase in hospitalizations in the northeastern United States to the variant, given that many other respiratory viruses were also in circulation.

Virologists agree that the emergence of the new subvariant does not mean there is a new crisis in the pandemic. New variants are to be expected as the virus continues to spread.

XBB.1.5 is likely to spread globally, but it remains unclear if it will cause its own wave of infections around the world. Current vaccines continue to protect against severe symptoms, hospitalisation and death, the experts say.

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FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition

Press Release: Federal Trade Commission

The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice, the agency estimates that the new proposed rule could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.

The FTC is seeking public comment on the proposed rule, which is based on a preliminary finding that noncompetes constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act.

“The freedom to change jobs is core to economic liberty and to a competitive, thriving economy,” said Chair Lina M. Khan. “Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand. By ending this practice, the FTC’s proposed rule would promote greater dynamism, innovation, and healthy competition.”

Companies use noncompetes for workers across industries and job levels, from hairstylists and warehouse workers to doctors and business executives. In many cases, employers use their outsized bargaining power to coerce workers into signing these contracts. Noncompetes harm competition in U.S. labor markets by blocking workers from pursuing better opportunities and by preventing employers from hiring the best available talent.

“Research shows that employers’ use of noncompetes to restrict workers’ mobility significantly suppresses workers’ wages—even for those not subject to noncompetes, or subject to noncompetes that are unenforceable under state law," said Elizabeth Wilkins, Director of the Office of Policy Planning. “The proposed rule would ensure that employers can’t exploit their outsized bargaining power to limit workers’ opportunities and stifle competition.”

The evidence shows that noncompete clauses also hinder innovation and business dynamism in multiple ways—from preventing would-be entrepreneurs from forming competing businesses, to inhibiting workers from bringing innovative ideas to new companies. This ultimately harms consumers; in markets with fewer new entrants and greater concentration, consumers can face higher prices—as seen in the health care sector.

To address these problems, the FTC’s proposed rule would generally prohibit employers from using noncompete clauses. Specifically, the FTC’s new rule would make it illegal for an employer to:

  • enter into or attempt to enter into a noncompete with a worker;
  • maintain a noncompete with a worker; or
  • represent to a worker, under certain circumstances, that the worker is subject to a noncompete.

The proposed rule would apply to independent contractors and anyone who works for an employer, whether paid or unpaid. It would also require employers to rescind existing noncompetes and actively inform workers that they are no longer in effect….

The NPRM invites the public to submit comments on the proposed rule. The FTC will review the comments and may make changes, in a final rule, based on the comments and on the FTC’s further analysis of this issue. Comments will be due 60 days after the Federal Register publishes the proposed rule. The public comment period will be open soon.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint.  For the latest news and resources, follow the FTC on social mediasubscribe to press releases and read our blog.

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IRS Updates Gas Mileage Rate

The IRS announced updated rates for gas mileage reimbursement for 2023. Starting January 1, 2023, the standard mileage rate for business travel is 65.5 cents per mile, a 3 cents per mile update from the July 2022 update.

The reimbursement rate for medical or moving purposes was kept at 22 cents per mile, and the rate for charitable organizations also remained unchanged at 14 cents per mile.

With the continued increase in costs associated with vehicles, agencies must set their own policy regarding reimbursement to employees utilizing their own vehicle.

 

Telehealth G-Codes

The Health Group 

Prior to January 1, 2023, data on telecommunications technology used during a 30-day period of care at the patient level was not collected on home health claims.  Effective January 1, 2023, Home Health Agencies (HHAs) may begin voluntarily reporting the new telecommunications G-codes on HH claims with HH periods of care that start on or after January 1, 2023.  On July 1, 2023, reporting these new codes will become mandatory with HH periods of care that start on or after July 1, 2023. 

Additional information is available at Telehealth Home Health Services: New G-Codes (cgsmedicare.com).

 

Provider Coalition Seeks Flexibility in Proposed DOL Contract Worker Rule

McKnight’s Home Care | By Diane Eastabrook
 
A coalition of 17 provider organizations is urging the Department of Labor to consider the needs of the healthcare industry under a proposed rule aimed at cracking down on the misclassification of contract workers.
 
In a letter sent last month to DOL Secretary Marty Walsh, the groups — including the American Medical Association, the National Rural Health Association and American Association of Nurse Practitioners — argued that the rule modifying the employee or independent contractor classification under the Fair Labor Standards Act could exacerbate the worker shortage in healthcare. 
 
The organizations said the COVID-19 pandemic had increased demand for physicians, nurses and nurse practitioners, requiring providers to rely more heavily on contract workers to fill care gaps. 
 
“It is critical that the proposed rule ensure appropriate flexibility within the health care workforce so providers can continue to meet the health care needs of their communities,” the letter stated. 
 
The proposed rule will focus on whether a worker is economically dependent upon the entity sourcing the client for work or if the worker is, in fact, in business for themselves, according to home care attorney Angelo Spinola from Polsinelli Law. Spinola told McKnight’s Home Care Daily Pulse the proposed rule will negatively affect many healthcare providers, including home care agencies.
 
“It is common for providers to utilize contract labor, and the DOL’s proposed modifications will make it more likely for these contractors to be deemed as misclassified,” Spinola said. “This impacts consumer-directed models, nurse registries, home health providers who supplement the workforce with contract labor, staffing arrangements and a variety of other healthcare models. We have seen an uptick in DOL investigations surrounding contract labor and anticipate this trend will continue and create more challenges for any business utilizing contract labor if the new standard is adopted.”
 
The DOL announced the proposed rule last October, saying it would provide providers better guidance and help them avoid misclassifying employees. The department singled out home care as one of a dozen industries in which worker misclassification has been a problem.
 
“Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages,” Walsh said at the time. “The Department of Labor remains committed to addressing the issue of misclassification.

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