The RISQ RECAP – June 6th – June 10th, 2022
June 6th – June 10th, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
A Look at OSHA’s Top 10 Safety Violations
“Workers’ compensation claims can result directly from worksite conditions, whether in construction, manufacturing, distribution, office or other environments. The Occupational Safety and Health Administration (OSHA) tracks violations of safety and health standards, which can lead to workers’ comp claims.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
2022 Medical Loss Ratio Rebates “Insurers estimate they will issue a total of about $1 billion in MLR rebates across all commercial markets in 2022. Expected rebate amounts vary by market segment, with the majority going to individual market enrollees, including ACA Marketplace enrollees. Insurers in the individual market estimate they will issue $603 million in rebates, small group market insurers will issue $275 million in rebates, and large group market insurers will issue $168 million in rebates later this year.” Full Article – Henry J. Kaiser Family Foundation
July 1 Deadline Looming for Health Plan Transparency Rules “The next item plan sponsors must address will be making public disclosures regarding in-network and out-of-network rates beginning July 1, 2022. To meet that deadline, plan sponsors should be working with carriers and third-party administrators (TPA) to ensure they have the necessary information in the proper format to comply with the new rules.” Full Article – Fisher Phillips
I’m Leaving on a Jet Plane… Is Abortion Care Travel a Covered Benefit? “Employer considerations when designing an abortion care travel reimbursement benefit include: Do the travel expenses constitute medical care; Will the travel reimbursement benefit be offered under the company’s group health plan; How will state laws impact an employer’s ability to provide the travel reimbursement benefit; Will the reimbursement be taxable compensation to employees? Other considerations include the impact on eligibility for an employee’s participation in a health savings account (HSA). HIPAA and privacy issues, and the ability to permit mid-year election changes in connection with the addition of the benefit.” Full Article – Holland & Hart LLP
Premium Increases Are Low When Employers Add Pre-Deductible Coverage for Preventive Services ““The impact on premiums of expanding pre- deductible coverage for 14 services in HSA- eligible health plans as allowed in IRS Notice 2019-45 is small. Estimated premium increases range from virtually zero to 1.5 percent. There is no expected premium increase when deductibles are replaced by coinsurance, use of health care services is assumed not to increase due to lower cost sharing, and enrollees’ related diagnoses are required.” Full Article – Employee Benefit Research Institute [EBRI]
Revisiting the HIPAA Proposed Privacy Rule: What Group Health Plan Sponsors Need to Know “The HHS proposed rule includes changes which may impact group health plans and their business associates: [1] Revises Notice of Privacy Practices (NPP) content requirements; [2] Adds exception to minimum necessary requirement for health plan coordination and case management disclosures; [3] Expressly permits disclosures to facilitate care with social and community services; [4] Allows individuals greater access to their PHI; and [5] Clarifies fees and adds fee disclosure requirements.” Full Article – Trucker Huss
Employer Violated ERISA by Interfering With Employee’s Use of Health Benefits “The employee showed that the employer closely tracked invoices for the self-insured health plan and that, even though the information was de-identified, it would not be difficult for the employer to identify individual participants since there were so few employees. The employee also demonstrated that the employer was aware that he would again need costly medical care in the future. Noting that the employee was terminated shortly before a new benefit year started, the court concluded that taken together, the evidence showed retaliation for use of benefits and specific intent to prevent future use of benefits.” Full Article – Thomson Reuters / EBIA
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
California
California Supreme Court Finds Meal and Rest Premiums Subject to Wage Statement and Final Pay Requirements
“The California Supreme Court’s decision in Naranjo v. Spectrum Security Services, Inc. answered in the affirmative, finding that meal and rest premium payments prescribed by the California Labor Code are “wages” subject to California’s wage statement and final pay requirements.” Full Article
– Seyfarth Shaw LLP
Delaware
Delaware Becomes Latest State to Institute Paid Family and Medical Leave
“Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up 12 weeks of paid family and medical leave beginning in January 2026, one year after payroll tax deductions to fund the program begin on January 1, 2025.” Full Article
– Proskauer Rose LLP
New York
Remote workers outside NY can’t bring bias claims under NY state and city human rights laws, court says
“A federal court recently ruled that an employee working remotely from New Jersey cannot assert claims under New York State’s and New York City’s Human Rights Laws. Judge Edgardo Ramos said that the alleged discriminatory conduct must have an impact on the plaintiff in New York State for the NYSHRL to apply and in New York City for the NYCHRL to apply.” Full Article
– Constangy, Brooks, Smith, Prophete LLP
Ohio
No Such Thing as a Free Lunch: Compensability of Workers’ Compensation Claims During Unpaid Lunch Breaks
“In Ohio, R.C. 4123.01(C) specifies that a compensable injury must occur in the “course of, and arising out of, the injured employee’s employment.” The ability to participate in the workers’ compensation system is dependent on whether a causal connection exists between an employee’s injury and their employment, either through the activities, the conditions, or the environment of the employment.” Full Article
– Ice Miller LLP
Illinois
Illinois Amends One Day Rest in Seven Act, Adding Stricter Penalties and More Stringent Notice Requirements
“Illinois Governor J.B. Pritzker signed into law SB3146, amending the provisions of the Illinois One Day Rest in Seven Act (ODRISA), which addresses both day of rest and meal break requirements for employees in the state. Fortunately for employers, the amendments do not take effect until January 1, 2023, so there is plenty of time for Illinois employers to make sure their policies and process conform to these changes, which are significant.” Full Article
– Littler Mendelson PC
- Published in Blog
Fire Safety in the Office
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Fires are a serious risk for businesses of all types. It’s up to you to take the proper precautions to keep yourself, your co-workers and our company safe from fire hazards.
Lower the Risks of Fire
There are some simple things you can do to prevent fires at our company:
- Always comply with regulations.
- Obey “No Smoking” signs.
- Dispose of cigarettes and matches in the proper receptacles after ensuring they are completely extinguished.
- Watch for frayed electrical cords and overloaded circuits.
- Dispose of flammable wastes and scraps by placing them in metal containers.
Combustible Storage
Always store combustible materials in a safe area. Fumes can travel a considerable distance and become ignited by a furnace, stove, electrical equipment or even a lit cigarette. If you need to dispose of flammable liquids, do not pour them down the drain. Educate yourself on the proper method of disposal.
If you have to burn wastepaper, make sure it doesn’t contain explosive materials, such as aerosol or paint.
Inspect Equipment Regularly
Proper maintenance procedures are important to fire safety. If you use electrical equipment or tools, inspect them regularly to make sure they are working correctly. Keep mechanical equipment properly lubricated to avoid excessive friction. Keep spark arrestors on exhaust systems.
Preparing for a Fire
- Become familiar with the location and operation of firefighting equipment.
- Learn where fire extinguishers are located and what types of fires they are to be used on.
- Participate in periodic fire drills to practice fire response procedures.
- Become familiar with the different types of alarms used in your workplace.
- Establish an employee meeting place.
When a Fire Breaks Out
- If the fire alarm rings, always treat it as a true emergency unless you are told ahead of time it is a drill. Just because you do not see smoke or flames does not mean a fire is not present.
- Always use the stairs instead of the elevator.
- If the room fills with smoke, stay low to the ground and get out as fast—but as safely—as you can.
Every day you’re on the job, take note of potential fire hazards and report them immediately to your supervisor. Always put safety first!
- Published in Blog
Aller-GEE, Isn’t Spring Fun?
By Kevina “Liz” Mitchell, Employee Benefits Account Specialist
A poem.
Aller-GEE, Isn’t Spring Fun?
Seasons come and seasons go
Round and round the merry round goes
Winter clothes you with cold and snow
Standing strong as the chill does blow
In the breeze there’s leisurely dance
Spring, its seems, brings about chance.
How beautiful are your clothes of green
Past the frost’s solstice finally seen
Gladly we devour sweet oxygen
But please, oh please, stay the allergens.
Devout, steadfast are your lowly keepers
Yet unquenchable vengeance wafts from your fingers
Questions unanswered
Attacks lead to sneeze
Swollen sinuses deftly squeezed
Who asked for this lord so ill-mannered?
Burning eyes the red of coral
Your bullying becomes the stuff immoral
A chainsaw!
My house for a chainsaw!
Chopped and cindered, will bring relief!
Or Winter return!
That’s the belief!
Though cold and dark offer a cloak of comfort
This repose is an abuse most overt
For seasons come and seasons go
Round and round the merry round goes.
- Published in Blog
The RISQ RECAP – May 30th – June 3rd, 2022
May 30th – June 3rd, 2022
Each week, you’ll find specially curated news articles to keep you up to date on the ever-evolving world of insurance and risk management. The articles are divided out between items relevant to Property & Casualty, Employee Benefits/Human Resources, and Compliance. We’ve included brief summaries of each item as well as a link to the original articles.
PROPERTY & CASUALTY
New Rules Require Washington Employers to Monitor Temp, Air Quality Starting Mid-June
“Employers in Washington will be required to monitor temperature and air quality, take steps to protect workers from heat and smoke hazards, and provide training and information from June 15 through the end of September, The Washington Department of Labor & Industries on Wednesday filed emergency outdoor heat exposure and wildfire smoke rules to protect farm and construction workers, roofers, road crews, and anyone else whose job keeps them outside. The order is designed to help keep workers safe this summer.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
SCOTUS Resolves Circuit Split: A Showing of Prejudice Not Required to “Waive” Right to Arbitration “On May 23, in a unanimous opinion, the U.S. Supreme Court held that employers who do not act promptly to invoke an arbitration clause may be held to waive arbitration. In so holding, the Court resolved a circuit court split over whether a party arguing waiver had to demonstrate prejudice. The Court held that prejudice was not a requirement. The Court’s holding departs from its generally pro- arbitration holdings over the last 15 years. The opinion is instructive in both employment law and arbitration law.” Full Article – Troutman Pepper
Employers and Foreign Nationals Can Avoid Employment Gaps with New Automatic Work Permit Extension “U.S. employers and qualified foreign nationals should take advantage of USCIS’ recent move to increase the automatic extension period for foreign nationals waiting on employment authorization renewals. This automatic extension would make a large number of foreign nationals eligible for employment by providing up to 540 days of employment authorization. It will also help U.S. employers and their impacted employees avoid gaps in employment caused by processing backlogs.” Full Article – Phelps Dunbar LLP
Holding On, Loosely: Incentives for Employee Retention “Let’s talk about problems with retention bonuses and overtime—as if finding qualified workers wasn’t tough enough. According to the most recent report from the Bureau of Labor Statistics, nonfarm employment rose by 428,000 in April 2022. However, some sectors are still struggling and “now hiring” or “help wanted” signs are everywhere. As a result, many employers have resorted to offering financial incentives, including “sign-on” or “retention” bonuses to encourage people to sign up and to stick around.” Full Article – Ice Miller LLP
Court Allows Leeway to Employers Under Fair Credit Reporting Act “A recent decision from the 8th Circuit U.S. Court of Appeals granted employers some modest flexibility in conducting and relying on background checks for potential new hires covered by the Fair Credit Reporting Act (“FCRA”). The court made two key rulings: Employers have no obligation under the FCRA to provide job applicants with the opportunity to explain negative but accurate background check results. A job applicant cannot bring legal action against the employer based on a “technical” violation under the FCRA that does not result in concrete harm to the applicant.” Full Article – Hall Render PC
The NLRB is Actively Using the Strongest Weapon in its Arsenal – Quick Injunctions “General Counsel Jennifer Abruzzo of the National Labor Relations Board (NLRB) has continued to forcibly push the pro-union agenda by revealing the NLRB’s intent to explore doctrinal shifts in numerous key areas of labor law and opining on numerous issues ranging from her belief that some student-athletes at the collegiate level are “employees,” to urging regional staff to aggressively seek injunctions under Section 10(j) of the National Labor Relations Act. The bottom line is that defending against a 10(j) petition is a costly undertaking for employers, and therefore, employers need to be aware of the consequences of taking actions that could invite a 10(j) petition.” Full Article – Akerman LLP
Adjusting Business Policies to COVID 19 Conditions for the Future “Over the past several months as the rates of new COVID 19 cases dropped, there has been a collective celebration and a return to some sense of normal. Hopefully, we will stay there. Everyone is, frankly, tired of the Pandemic and wants tov stop talking about it. This raises the questions we have been asked frequently over the past several weeks. Can I get rid of my mask requirement? What should my policy say now? Can I just get rid of my COVID 19 policy? Most employers have lifted their mask mandate and understand that it is ok to do so, as long as the rate of new cases is low. But what exactly should the policy be going forward?” Full Article – Michael , Best and Friedrich LLP
STATE & INTERNATIONAL COMPLIANCE
In addition to the RISQ Review, RISQ Consulting also provides a resource that features changes and updates to State and International Compliance measures. We’ve included brief summaries of each item below, and also provided links to the original articles if you’d like to read further.
California
California Supreme Court Finds Meal and Rest Premiums Subject to Wage Statement and Final Pay Requirements
“The California Supreme Court’s decision in Naranjo v. Spectrum Security Services, Inc. answered in the affirmative, finding that meal and rest premium payments prescribed by the California Labor Code are “wages” subject to California’s wage statement and final pay requirements.” Full Article
– Seyfarth Shaw LLP
Delaware
Delaware Becomes Latest State to Institute Paid Family and Medical Leave
“Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up 12 weeks of paid family and medical leave beginning in January 2026, one year after payroll tax deductions to fund the program begin on January 1, 2025.” Full Article
– Proskauer Rose LLP
New York
Remote workers outside NY can’t bring bias claims under NY state and city human rights laws, court says
“A federal court recently ruled that an employee working remotely from New Jersey cannot assert claims under New York State’s and New York City’s Human Rights Laws. Judge Edgardo Ramos said that the alleged discriminatory conduct must have an impact on the plaintiff in New York State for the NYSHRL to apply and in New York City for the NYCHRL to apply.” Full Article
– Constangy, Brooks, Smith, Prophete LLP
Ohio
No Such Thing as a Free Lunch: Compensability of Workers’ Compensation Claims During Unpaid Lunch Breaks
“In Ohio, R.C. 4123.01(C) specifies that a compensable injury must occur in the “course of, and arising out of, the injured employee’s employment.” The ability to participate in the workers’ compensation system is dependent on whether a causal connection exists between an employee’s injury and their employment, either through the activities, the conditions, or the environment of the employment.” Full Article
– Ice Miller LLP
Illinois
Illinois Amends One Day Rest in Seven Act, Adding Stricter Penalties and More Stringent Notice Requirements
“Illinois Governor J.B. Pritzker signed into law SB3146, amending the provisions of the Illinois One Day Rest in Seven Act (ODRISA), which addresses both day of rest and meal break requirements for employees in the state. Fortunately for employers, the amendments do not take effect until January 1, 2023, so there is plenty of time for Illinois employers to make sure their policies and process conform to these changes, which are significant.” Full Article
– Littler Mendelson PC
- Published in Blog
What You Should Know About Monkeypox
This article is from RISQ Consulting’s Zywave client portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.
Monkeypox, which can be passed to animals and humans, is usually found in Central and West Africa. As monkeypox cases rise in Europe and other parts of the globe, health authorities are expressing concern about the unusual uptick. As such, the Centers for Disease Control and Prevention (CDC) recently issued an alert urging doctors and state health departments in the United States to be vigilant.
About Monkeypox
Monkeypox is a rare disease caused by infection with the monkeypox virus. Monkeypox was first discovered in 1958 when two outbreaks of a pox-like disease occurred in colonies of monkeys kept for research, hence the name “monkeypox.”
The first human case of monkeypox was recorded in 1970 in the Democratic Republic of the Congo during an intensified effort to eliminate smallpox.
The main disease carrier of monkeypox remains unknown. However, African rodents and nonhuman primates (like monkeys) may harbor the virus and infect people.
Recent Cases
Monkeypox cases in the United States are very rare. Monkeypox doesn’t occur naturally in the country, but there have been cases associated with international travel or imported animals from areas where the disease is more common.
CDC scientists are collaborating with the Massachusetts Department of Public Health to investigate a situation in which a U.S. resident tested positive for monkeypox on May 18 after returning to the U.S. from Canada.
The CDC is also tracking multiple clusters of monkeypox that have been reported in early to mid-May in several countries that don’t typically report monkeypox, including those in Europe and North America.
It’s not clear how people in those clusters were exposed to monkeypox. Health care providers in the United States are on alert for patients with rash illnesses consistent with monkeypox.
Signs and Symptoms
The symptoms of monkeypox are similar to but milder than the symptoms of smallpox. The main difference between the symptoms of smallpox and monkeypox is that monkeypox causes lymph nodes to swell while smallpox does not. The incubation period from infection to symptoms of monkeypox is usually seven to 14 days, but it can range from five to 21 days.
The illness begins with:
- Fever
- Headache
- Muscle aches
- Backache
- Swollen lymph nodes
- Chills
- Exhaustion
Within one to three days (or sometimes longer) after a fever begins, people may develop a rash starting on the face and then spreading to other body parts.
Lesions progress through the following stages before falling off:
- Macules
- Papules
- Vesicles
- Pustules
- Scabs
The illness typically lasts for two to four weeks. In Africa, monkeypox has been shown to cause death in as many as 1 in 10 people who contract the disease.
Transmission
Transmission of monkeypox virus occurs when a person comes into contact with the virus from an animal, human or materials contaminated with the virus. The virus enters the body through broken skin, the respiratory tract or mucous membranes (eyes, nose or mouth).
- Animal-to-human transmission may occur by bite or scratch, bush meat preparation, direct contact with body fluids or lesion material, or indirect contact with lesion material, such as contaminated bedding.
- Human-to-human transmission is thought to occur primarily through large respiratory droplets. Respiratory droplets generally cannot travel more than a few feet, so prolonged face-to-face contact is required. Other human-to-human transmission methods include direct contact with body fluids or lesion material and indirect contact with lesion material, such as contaminated clothing or linens.
The main disease carrier of monkeypox is still unknown, although African rodents are suspected of playing a part in transmission.
Prevention
Several measures can be taken to prevent infection with the monkeypox virus:
- Avoid contact with animals that could harbor the virus (including animals that are sick or found dead in areas where monkeypox occurs).
- Avoid contact with any materials, such as bedding, that have been in contact with a sick animal.
- Isolate infected patients from others who could be at risk for infection.
- Practice good hand hygiene—washing your hands with soap and water or using an alcohol-based hand sanitizer—after contact with infected animals or humans.
- Use personal protective equipment when caring for patients.
Treatment
Currently, there is no proven, safe treatment for monkeypox virus infection.
To control a monkeypox outbreak in the United States, the smallpox vaccine, antiviral medications and vaccinia immune globulin (VIG) can be used. Learn more about the smallpox vaccine, antivirals and VIG treatments here.
Source: CDC
- Published in Blog
I’m Great, How Are You?
By Bailey Penrose, Employer Services Account Manager
We live in a tongue-in-cheek era. Public officials engaging in sly humor during press conferences, memes highlighting current events, comic strips poking at both politicians and policies, irreverent bumper stickers about social issues… the list goes on. It seems like a point is better made with a punch line. I don’t mind this as it makes me chuckle quite frequently. However, the one-two punch of the ambiguous definition of the word ‘Great’ I would be happy to leave behind.
I would love to a have a great day! A great event of much import makes me want to hyperventilate into a paper bag.
We’ve all had a rough couple of years, and to cap it off we’re now dealing with another ‘Great’. The ‘Great Recession’, as it’s become known, is a reality for many right now and may stick around as we see how the shifting employment landscape settles.
Adria Horn, executive vice president of workforce at Tilson, and an army veteran who has served five tours of duty overseas, has a compelling theory about why we’re seeing this employee mass migration. She explores her theory, and the potential outcomes of this most recent ‘Great’, in a thought-provoking article over at McKinsey & Company.
- Published in Blog
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