NLRB Delays Joint- terms and conditions of 3 Key Trends Driving management strategies, employer Rule Effective employment” Employer Health Care including prioritizing Date to February • Identification of the types Costs in 2024 transparent PBM practices and of control that are plan design changes to address Recently, the National Labor necessary to establish joint- All signs point to health care costly medications. Relations Board (NLRB) employer status and the costs continuing to rise in 2024. 3. Cancer Treatment announced it would push the types that are irrelevant to This article outlines the three Preventive screenings were a effective date of the new joint- the joint-employer inquiry primary drivers of health care critical health care component employer rule to Feb. 26, 2024. • Description of the costs and ways that employers disrupted during the pandemic. The final rule was published in bargaining obligations of plan to manage them. As a result, employers are the Federal Register on Oct. 27, joint employers 1. Mental Health Challenges anticipating more late-stage 2023, and was initially set to What’s Next Employees’ mental health needs cancers among workers. Cancer is become effective on Dec. 26, for concerns such as depression, one of the top drivers of health 2023. However, the agency has The law is currently facing legal care costs for most employers. In delayed the effective date by challenges. A coalition of anxiety and substance use response to rising cancer care, two months to facilitate the businesses sued the NLRB in disorder undoubtedly rose employees may encourage resolution of legal challenges federal District Court, alleging during the COVID-19 pandemic advanced screening measures and regarding the new rule. Notice the new joint-employer rule is and continue to linger amid its maintain full coverage of of the extension will be unlawful, overly broad, and aftermath. In response, recommended prevention and published in the Federal contradictory to the common- employers are expected to screening services. Register. law definition that limits joint continue to expand access to Summary employment to relationships of mental health support and The New Joint-employer actual and substantial control of services, and many plan to Heightened health care costs are Standard working conditions. provide more options for likely to continue impacting The 2023 joint-employer support and reduce cost employers for the foreseeable standard establishes new The new joint-employer barriers to care. Organizations future. Looking ahead to 2024, criteria for determining joint- standard will only be applied to may also explore manager and many employers are focusing on employer status as applied to cases filed after the rule employee training to recognize impacts related to mental health, labor issues related to the becomes effective on Feb. 26, mental health issues. medications, cancer and other National Labor Relations Act. It 2024. Employers can prepare drivers of costs, such as growing will rescind the existing 2020 for the new rule by familiarizing 2. Pharmacy Costs health care delivery models. joint-employer standard and themselves with the new In 2024, pharmacy costs will Contact us for additional replace it with a more inclusive standard and determining continue to impact employers resources. law, making it easier for whether a more inclusive joint- significantly. In addition to high- employers to be classified as employer standard will reclassify cost drugs, relationships with joint employers. Notable them as joint employers by the pharmacy benefits managers changes to the joint-employer amended effective date. (PBMs) are also a key concern standard include the following: We’ll keep you apprised of any for employers. To address rising notable updates. drug costs, employers may • Clarification of the implement pharmacy definition of “essential © 2023 Zywave, Inc. All rights reserved.