Legislative Update – January 2022

On behalf of ASTA, it is our duty to provide our members information regarding legislative actions impacting our industry both locally, and nationally. Please see below for this month’s update from ASTA Associate Director and Registered Lobbyist, Reece Hester.


Standard business-mileage deduction from the IRS

The Internal Revenue Service recently issued the 2022 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on January 1, 2022, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 5 cents per mile driven for business use, up 2.5 cents from the rate for 2021.


Healthcare CMS Vaccine Mandate Under Consideration by U.S. Supreme Court; Healthcare ETS Pay Requirement Has Expired

  • As we have reported on previously, the Centers for Medicare & Medicaid Services (CMS) has released a rule (“CMS Rule”) requiring Medicare – and Medicaid – certified healthcare providers and suppliers to have all employees fully vaccinated.
  • As a result of a December 15, 2021, federal appellate court ruling, the CMS Rule is blocked in the following states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
  • On January 7, 2022, the U.S. Supreme Court heard oral argument on the CMS Rule. Based on this oral argument, it appears more than likely the Court will eventually uphold the CMS Rule; however, the timing of the Court’s decision is unknown. We recommend covered employers comply fully with the CMS Rule.
  • CMS has announced that it will begin enforcing the mandate on January 27 (only in states not blocked by court ruling). All employees, contractors, and volunteers affiliated with covered entities must receive the first dose of a COVID-19 vaccine (or the single dose vaccine) prior to January 27. In addition, all affected persons must receive a second dose of their COVID-19 vaccine by February 28.
  • In June 2021, the Occupational Safety and Health Administration (OSHA) issued a Healthcare Emergency Temporary Standard (Healthcare ETS) that, among other things, required healthcare employers to pay employees removed from the workforce due to COVID-related reasons. That requirement has now expired; however, the COVID log and reporting provisions of the Healthcare ETS remain in effect.

Updates can be found here: https://www.osha.gov/coronavirus/ets2


Reece Hester

Associate Director, ASTA

Registered Lobbyist