Mental Health Minute
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.
Stress and anxiety is bound to creep into your life no matter the mitigation. When it does, you can prepare yourself with simple a quick techniques to sooth the impact and recover quicker.
How Can Grounding Techniques Help Manage Feelings?
Grounding is a practice that can help you manage experiences such as flashbacks, unwanted memories or negative emotions. These techniques involve focusing on the present to distract yourself from anxiety and other challenging emotions.
Physical Grounding Techniques
Physically grounding yourself involves using your senses to help you navigate feelings of distress. A technique to physically ground yourself is to put your hands in water and focus on the temperature of the liquid or switch from cold water to warm water and back while focusing on the present moment.
Other physical grounding exercises include deep breathing, savoring food or drink, picking up nearby objects and moving your body (e.g., walking, running in place or doing jumping jacks).
Mental Grounding Techniques
You can mentally ground yourself with exercises that prevent mental distractions and help redirect your thoughts to the present.
Such exercises include memory games, category-thinking (e.g., listing all the types of cake you can think of), reciting a song or book passage you know by heart, and visualizing a daily task you enjoy.
Soothing Grounding Techniques
Soothing techniques can be used to comfort yourself in times of high anxiety or distress. These techniques are intended to promote good feelings that reduce or distract from negative emotions.
You can practice soothing techniques by picturing the face of someone you love, repeating compassionate phrases about yourself, spending time with your pet, visualizing your favorite place or listing positive things.
Conclusion
Grounding techniques can help you manage unpleasant experiences like distress, anxiety, traumatic nightmares and flashbacks. Try these exercises to reduce distress when you first start to feel negative emotions.
Try These Mood-boosting Activities
Negative emotions and disappointments can easily derail your activities. Although it’s common to be in a bad mood occasionally, letting negative emotions take over your day can leave you feeling worse. Instead of ignoring a bad mood, try a mood-boosting activity.
Free Mood-boosters
- Walking outdoors is a great activity for improving your mood. Spending time outdoors and being in sunlight have both been proven to boost mood. Additionally, walking can release endorphins, which ease stress and discomfort.
- Find ways to laugh, such as watching funny videos, sharing jokes with a friend, going online or watching comedians.
- Try aromatherapy to de-stress. Smells can trigger positive memories and help relieve anxiety or stress. Find your favorite scented soap, smell something that reminds you of a loved one or sample a new essential oil.
- Play cheerful and upbeat music. This can help boost your mood, ease tension, reduce anxiety and even improve certain brain functions, such as memory.
- Do something nice for somebody else, such as a co-worker or friend. Being compassionate to others can make them feel better and may improve your mood as well. Consider small favors, such as doing chores for your housemate or partner, walking a neighbor’s dog or helping a stranger with their groceries.
- Talk to people in your life who uplift you. A short call or time spent with a loved one can help you reduce tension. As a bonus, your loved one may be able to make you laugh, take your mind off your troubles or remind you that you’re not alone.
Conclusion
The next time you’re in a bad mood, try one of these free mood-boosting activities to reduce stress and lessen the impact of negative emotions.
- Published in Blog
The RISQ RECAP:
September 11th – September 15th, 2023
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
Woodruff Sawyer: Softer D&O Market Still Offers Concerns for Underwriters “While concerns about a “tsunami of pandemic-related litigation” never quite materialized, according to Woodruff Sawyer in its latest D&O Looking Ahead Guide for 2023, those fears have been replaced with a number of others among D&O insurers. Economic challenges such as inflation and higher interest rates, as well as the threat of a recession, combined with the war in Ukraine, limited supply chains and a volatile stock market are creating a difficult environment for management teams and boards.” Full Article – Insurance Journal
Viewpoint: IT Asset Disposition Is Growing Cyber Security Threat for All Organizations “Cyber risk headlines are dominated by rising ransomware activity and soaring global data breach costs. The increased ransomware activity, driven largely by threat actor financial motives, has indiscriminately affected all industry segments – from large corporate clients to small to midsize enterprises alike. As a consequence, the cyber insurance market has witnessed notable changes. Both from a direct and reinsurer viewpoint, we have experienced pared-back coverage, increased pricing per million dollars of cover and limited capacity. While these developments top headlines, it is not the sole exposure point for corporations.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Pajamas, Pennies and Time Rounding “Submitted for your consideration are two court decisions, decided less than a year apart, and involving the same practice of rounding time entries up or down to the nearest quarter hour. The legal principles applicable to both decisions were identical, but their outcomes (so far) were very different.” Full Article – Constangy Brooks
The EEOC’s Strategic Plan Provides Insight Into its Priorities, Including Systemic Discrimination “The Equal Employment Opportunity Commission has released its Strategic Plan for Fiscal Years 2022-2026, effective immediately. This document provides employers with an overview of the EEOC’s particular areas of focus.” Full Article – Shawe Rosenthal
Labor Department Proposes Increasing Salary Threshold for Overtime Pay “On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most notably, the highly anticipated proposal seeks to raise the salary threshold under which employees are eligible for overtime pay under federal labor law to $1,059 per week ($55,068 annualized).” Full Article – Greenberg Traurig LLP
State Pay Transparency Laws: What’s Required Now and What’s Next? “As the summer winds down, multistate employers must remain apprised of an ever – Cooley LLP
-increasing number of obligations in the area of pay transparency … We highlight recent developments to existing pay transparency laws, summarize new pay transparency laws enacted over the summer and offer compliance tips for multistate employers grappling with this growing nationwide trend.” Full Article
DOL’s Conflicting Versions of Independent Contractor Standard Under FLSA “In January 2021, the U.S. Department of Labor (DOL) under the Trump administration issued a final rule defining the standard for when a worker is an independent contractor for the purposes of the Fair Labor Standards Act (FLSA). This standard remains in effect, although the DOL under the Biden administration issued a new proposed rule redefining the standard in October 2022.” Full Article – Hall Benefits Law, LLC
Expanding Existing Bereavement Leave Policies to Account for Fertility Related Losses “Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility related loss, such as a miscarriage. Fertility related losses are very common (with more than 1 in 4 pregnancies resulting in miscarriage) and frequently result in post-traumatic stress disorder (with almost 1 in 3 women developing PTSD after a miscarriage), and yet they remain largely unaddressed in the workplace.” Full Article – Mintz, Levin Cohn Ferris Glovsky and Popeo P.C.
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.
TEXAS
Employee E-Signatures in Arbitration Agreements Under Scrutiny
“Regardless of the ultimate outcome of the AutoNation case, one thing is clear—employers should have e-signature systems that leave little room for doubt about the efficacy of the security procedures, and the resulting authenticity of an employee’s e-signature.” Full Article
– Hunton Andrews Kurth LLP
NEW YORK
New York Enacts Laws on Captive Audience Meetings, Wage Theft, and Gender Identity
“During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression” to interns.” Full Article
– Jackson Lewis P.C.
CALIFORNIA
New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee Non-Compete Agreements
“On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.” Full Article
– Seyfarth Shaw LLP
WISCONSIN
Worker’s Compensation in the Work-from-Home Era
“At the onset of the COVID-19 pandemic in 2020, many employees around Wisconsin transitioned from a traditional office setting to working remotely from home. Since then, new questions have been raised by workers regarding which at-home injuries might be covered under the Worker’s Compensation Act.” Full Article
– State Bar of Wisconsin
NEW HAMPSHIRE
New Hampshire Adopts Workplace Accommodations for Nursing Mothers
“New Hampshire will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work beginning July 1, 2025. This new state law comes in the wake of the 2022 federal PUMP Act, which requires employers nationwide to provide employees with reasonable break time to express breast milk for one year after a child’s birth.” Full Article
– Jackson Lewis P.C.
- Published in Blog
Protecting Your Business From Power Surges
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.
Power surges, which are sudden spikes in electrical voltage, can wreak havoc on business equipment and systems. While they may seem like minor inconveniences, power surges can have a significant impact on a business’s bottom line. This article explores the dangers of power surges, effective strategies to shield businesses from their effects and the crucial role of insurance in safeguarding their assets.
What Causes a Power Surge?
A power surge happens when there’s a sudden increase in electrical voltage in a building’s electrical system or the electrical grid. These voltage spikes are caused by different factors, like lightning strikes that discharge massive amounts of electricity into the grid or directly into buildings. Electrical grid fluctuations, such as changes in demand or power line switching, can also cause surges. Internally, power surges can happen when there’s faulty wiring, malfunctioning appliances, or when power-hungry equipment like heating, ventilating and air conditioning systems and large motors start up. These surges can spread throughout the electrical system, potentially damaging connected devices and equipment.
Identifying the various sources of power surges is important to ensure effective surge protection in commercial settings.
The Impact of Power Surges on Business Operations
The impact of power surges on business operations can be substantial and far-reaching. Financially, power surges can lead to extensive costs, including equipment damage or replacement expenses and downtime, resulting in lost productivity and revenue. Beyond the financial implications, surges can inflict reputational damage on a business, eroding customer trust and partnerships due to frequent disruptions and equipment failures. In essence, power surges have the potential to disrupt normal business operations, strain resources and harm a company’s reputation, making them a critical concern for businesses of all sizes and industries.
Strategies to Protect Against Power Surges
To protect against power surges, businesses can utilize the following effective strategies and tools:
- Surge protection devices (SPDs)—These devices should be installed at critical points in the electrical system to divert excess voltage away from sensitive equipment and prevent damage. It’s advisable to install SPDs throughout different areas of a building. The three primary zones for protection are service entrance SPDs, distribution panel SPDs and point-of-use SPDs. Service entrance SPDs prevent surges from entering the building, while distribution panel SPDs limit the spread of surges to downstream areas. Point-of-use SPDs offer targeted protection for specific assets.
SPD installation should comply with the manufacturer’s recommendations. SPDs need to be properly sized and grounded to protect equipment.
- Uninterruptible power supply (UPS)—A UPS is a type of device that powers equipment nearly instantaneously in the event of grid power failure, protecting the equipment from damage. Implementing a UPS can provide a temporary power source during surges or outages, allowing for safe equipment shutdown.
- Grounding and bonding—Proper grounding and bonding of the electrical system can reduce the risk of surges caused by electrical faults.
- Regular electrical maintenance—Regular inspections and maintenance can help identify and address potential issues before they lead to surges.
- Employee training and awareness—Educating employees about power surge risks and establishing protocols for immediate response can minimize damage and downtime in the event of a surge.
By adopting these strategies and tools, businesses can significantly enhance their protection against power surges and avoid potential financial and operational disruptions.
The Role of Commercial Property Insurance
Even though preventive measures are essential, power surges can occur unexpectedly, and accidents can happen. However, there is good news for businesses. Commercial property insurance policies and appropriate endorsements can help cover the financial losses that result from power surges. Here are some of the benefits of such coverage:
- Equipment replacement coverage—Insurance can cover the cost of repairing or replacing damaged equipment.
- Business interruption coverage—If power surges cause downtime, insurance may compensate a business for lost income during that period.
- Spoiled inventory coverage—Insurance may cover the cost of spoiled inventory that results from power outages.
Conclusion
To ensure smooth operations, businesses should take proactive measures to protect against power surges. This can be achieved by implementing surge protection strategies and acquiring the appropriate insurance. By doing so, businesses can safeguard their assets and maintain productivity even when faced with power surges.
Contact us today for additional guidance on commercial property risks.
- Published in Blog
How Employers Are Shifting Strategies as Recruitment and Retention Struggles Continue
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.
Workplace dynamics have significantly changed in the last few years. Employers have been forced to respond to increasing worker demands for workplace flexibility, well-being initiatives and inclusive cultures. In addition, workers are becoming more vocal about management styles they are no longer willing to tolerate. This has resulted in many employers continuing to struggle to attract and retain talent. To address these struggles, many organizations have started altering their approach to workforce attraction and retention.
This article discusses current recruitment and retention trends and provides several strategies employers are using to help address and overcome such struggles.
Recruitment and Retention Struggles Continue
Employers continue to grapple with recruitment and retention struggles due in large part to changing employee preferences. According to a recent study by Willis Towers Watson, 83% of employers reported difficulty attracting employees, while 74% reported difficulty retaining employees. These are the highest figures in the past 12 years. Many organizations are still dealing with the lingering impact of the COVID-19 pandemic, which reshaped workers’ expectations, including where and when they work. This has forced many organizations to adapt their recruitment strategies.
Moreover, the tight labor market increased competition among employers for key talent, pressuring organizations to offer attractive compensation and benefits packages. Despite these efforts, nearly 75% of employers are experiencing talent shortages and difficulty hiring, according to a 2023 survey by global workforce solutions company ManpowerGroup. As these trends persist, employers’ recruitment and retention struggles continue. This is forcing employers to develop new and innovative approaches to address these challenges.
Employees Are More Selective in Where They’re Willing to Work
Workplace environments and management approaches are impacting where employees choose to work, according to a recent survey by online employment solution company Monster. The survey results revealed that certain employment practices and behaviors create anxious or negative feelings among employees, which employees consider red flags. The survey also found that the biggest employee concern is being micromanaged by supervisors and managers. Other red flags included:
- Excessive meetings
- Inflexible work hours
- Team bonding exercises or out-of-office events
- Mandatory assignments during the interview process
- Inability to negotiate benefits
Awareness of these concerns can allow employers to evaluate whether any red flags are present in their organizations and make necessary changes to improve their recruitment and retention efforts.
Strategies to Address Recruitment and Retention Struggles
Due to these ongoing struggles, many employers are responding with multiple strategies as well as focusing on emotional intelligence in their attraction and retention efforts. This is leading many organizations to shift to taking a holistic approach to attracting and retaining workers by focusing on customizable benefits, positive work environments and meaningful work assignments and duties.
Employers can consider the following strategies as they respond to their ongoing recruitment and retention struggles:
- Prioritize onboarding. Employees who go through a structured onboarding are 58% more likely to remain with the organization after three years, according to a study by the Wynhurst Group. By including onboarding in an organization’s overall engagement and retention strategy, employers can better communicate their values, foster a positive relationship and communicate expectations to set employees up for success. Onboarding is also an opportunity to educate employees on the full range of available benefits, ensuring that employees are aware of all the benefits available to them.
- Create meaningful connections. Making sure employees have meaningful workplace connections can help employees feel supported and valued. It also tends to increase workers’ loyalty and commitment to an organization. Employers can do this when new employees join the organization by assigning mentors, scheduling regular check-ins and organizing team-building activities.
- Utilize employee engagement surveys. Employee feedback can be a valuable resource for employers to understand their workforce. Surveys can uncover underlying issues, such as decreased productivity or high turnover rates, and create actionable change that drives progress within an organization. Employers who effectively utilize employee surveys may see many benefits, such as increased employee engagement, job satisfaction and retention.
- Train managers and supervisors. Managers can significantly impact employee engagement, job satisfaction and productivity, and retention. When managers lack important interpersonal skills or emotional intelligence, they can contribute to high rates of turnover. Organizations can train managers to have strong interpersonal skills (e.g., connection, honesty, respect and communication) so they can better recognize and respond to employee needs.
- Improve workplace culture. Toxic workplace culture is the top reason employees quit their jobs, according to a recent survey by employment website FlexJobs. When employees feel overworked and underappreciated, they’re more likely to look for new opportunities. Employers can create a positive and healthy workplace culture by promoting mental health and well-being and fostering open and transparent communication.
Takeaway
Employers who successfully address the reasons employees choose not to accept job offers or quit their jobs will likely experience less time to fill open roles and reduced employee turnover rates. This can help organizations reduce hiring costs, improve employee morale, and give a competitive advantage over similar organizations that are unable to address their ongoing recruitment and retention challenges.
For more workplace resources, contact RISQ Consulting today.
- Published in Blog
The RISQ RECAP:
September 11th – September 15th, 2023
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
California Lawmakers Approve Nation’s Most Sweeping Emissions Disclosure Rules for Big Business “Major corporations from oil and gas companies to retail giants would have to disclose their direct greenhouse gas emissions as well as those that come from activities like employee business travel under legislation passed by California lawmakers, the most sweeping mandate of its kind in the nation. The legislation would require thousands of public and private businesses that operate in California and make more than $1 billion annually to report their direct and indirect emissions. The goal is to increase transparency and nudge companies to evaluate how they can cut their emissions.” Full Article – Insurance Journal
Google’s Search Dominance Challenged in Biggest Antitrust Trial in Decades “Google has exploited its dominance of the internet search market to lock out competitors and smother innovation, the Department of Justice charged Tuesday at the opening of the biggest U.S. antitrust trial in a quarter century. “This case is about the future of the internet and whether Google’s search engine will ever face meaningful competition,” said Kenneth Dintzer, the Justice Department’s lead litigator. Over the next 10 weeks, federal lawyers and state attorneys general will try to prove Google rigged the market in its favor by locking its search engine in as the default choice in a plethora of places and devices. U.S. District Judge Amit Mehta likely won’t issue a ruling until early next year. If he decides Google broke the law, another trial will decide what steps should be taken to rein in the Mountain View, California-based company.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Illinois Enacts Pre-Tax Commuter Benefits Requirement “Beginning January 1, 2024, certain employers located within designated Illinois counties and townships will be required to provide employees a ‘pre-tax commuter benefit.’ Employers must allow covered employees to use pre-tax dollars for the purchase of a transit pass through payroll deduction. A transit pass is any pass, token, care card, and the like entitling the employee to take public transit.” Full Article – Jackson Lewis P.C.
You May Need to Lower Employees’ Premiums to Keep Plans Affordable Under the ACA “The authors are seeing an increased focus on ACA compliance and expect to see a ramp up in employer penalty notification. A failure to consider whether your plan is affordable when passing through any premium increases could result in an unintended penalty for each employee who enrolls in exchange coverage and qualifies for financial assistance.” Full Article – Bricker Graydon
New Federal Rules Seek to Strengthen Mental Health Parity “Although MHPAEA has been in effect for more than a decade now, regulators enforcing the law have often struggled to narrow the many gaps in access between MHSUD and medical/surgical benefits …This proposed rule makes the NQTL standard more prescriptive and incorporates outcomes data, and if finalized would represent a significant step forward in MHPAEA enforcement.” Full Article – Health Affairs Forefront
District Court Dismisses Employees’ COBRA Notice Claims, Save One (Involving COVID-19) “In litigation involving an employer’s alleged notice violations under COBRA, a district court rejected almost all of the employees’ claims for why the notices were deficient. In the one claim that survived dismissal, an employee who was terminated in June 2020 alleged that the employer’s COBRA election notice failed to state an enrollment deadline that accurately reflected COVID-19-related time extensions.” Full Article – Thomson Reuters Practical Law
5 Things to Know About the New Drug Pricing Negotiations “The long-term consequences of the new policy are unknown. One theory is that reducing the prices drug companies can charge in Medicare will lead them to increase prices for the privately insured. Another theory is that Medicare price negotiations will equip private health plans to drive a harder bargain. Even though negotiated prices won’t take effect until 2026, drug companies haven’t wasted time turning to the courts to try to stop the new program in its tracks.” Full Article – KFF Health News
Circuit Court Holds ERISA Preempts State PBM Regulation “The court’s opinion distinguished the case from Rutledge v. Pharmaceutical Care Management Association (PCMA), in which the Supreme Court held that an Arkansas law requiring PBMs to tie their reimbursement rates to pharmacies’ costs was not preempted by ERISA because it did not dictate plan choices. The 10th Circuit reasoned that, whereas the Arkansas law at issue in Rutledge merely resulted in an increase of costs for the PBM, the Act goes further by potentially having a direct effect on a plan’s network design, and therefore ‘governs a central matter of plan administration.’” Full Article – Slevin & Hart, P.C.
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.
NOREGON
Oregon’s PFML Program is Going Live Soon – What Employers Need to Know
“Eligible employees may receive benefits under Oregon’s paid family and medical leave (PFML) program starting September 3, 2023 . . . This advisory provides a brief overview of PFML program basics, explains recent changes to PFML and related laws, and highlights some key considerations to help employers navigate this new program.” Full Article
– Davis Wright Tremaine LLP
NEW YORK
Reminder: New York State Pay Transparency Obligations Take Effect Sept. 17
“Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.” Full Article
– Jackson Lewis P.C.
FLORIDA
Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop W.O.K.E.” Law)
“On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the ‘Stop-W.O.K.E.’ law) went into effect, and about one year after a Florida federal court partially enjoined the new law, a three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit Court heard argument in Florida’s attempt to dissolve the injunction and allow the law to go forward unimpeded.” Full Article
– Littler Mendelson P.C.
COLORADO
Colorado Expands Paid Sick Leave
“On Aug. 7, 2023, Colorado expanded employee rights to additional uses of paid and protected sick leave with the addition of new categories for which employees can use sick leave.” Full Article
– Brownstein Hyatt Farber Schreck LLP
MAINE
Maine Enacts Expansive Paid Family and Medical Leave Law
“The law (as amended prior to enactment), which will cover all employers with one or more employees working in Maine, establishes a state-managed program whereby employers and employees will contribute to a paid Family and Medical Leave Insurance Fund (the ‘Fund’).” Full Article
– Proskauer Rose LLP
- Published in Blog
The Industry Impact of Medicare Drug Price Negotiations
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.
The Biden administration recently unveiled the first 10 prescription drugs subject to Medicare price negotiations. The Medicare Drug Price Negotiation Program—part of the Inflation Reduction Act (IRA)—is the Biden administration’s latest effort to combat rising health care costs. According to a Kaiser Family Foundation survey, more than 60% of the 65 million people on Medicare take prescription medication, and 25% take at least four prescriptions. Medicare drug price negotiation aims to lower out-of-pocket costs for millions of seniors and offer savings for taxpayers.
The first round of Medicare Part D drug negotiations will begin this year, with the new prices becoming effective in 2026. Over the next four years, Medicare plans to negotiate prices for up to 60 Part D and Part B drugs—and up to an additional 20 drugs every year after that. This article outlines the potential impacts of the Medicare Drug Price Negotiation Program on the health care industry.
Overview of Medicare Drug Price Negotiations
Under the IRA, the Medicare Drug Price Negotiation Program allows the federal government to negotiate directly with drug manufacturers to improve access to some of the costliest brand-name drugs. Many Medicare Part D enrollees depend on medications to treat life-threatening conditions, such as diabetes and heart failure, but may not be able to access them due to costs.
The following Medicare Part D drugs will be the first ones subject to these negotiations:
- Eliquis, for preventing and treating blood clots
- Jardiance, for treating diabetes and heart failure
- Xarelto, for preventing and treating blood clots; risk reduction for patients with coronary or peripheral artery disease
- Januvia, for treating diabetes
- Farxiga, for treating diabetes, heart failure and chronic kidney disease
- Entresto, for treating heart failure
- Enbrel, for treating rheumatoid arthritis, psoriasis and psoriatic arthritis
- Imbruvica, for treating blood cancers
- Stelara, for treating psoriasis, psoriatic arthritis, Crohn’s disease and ulcerative colitis
- Fiasp/Novolog, for treating diabetes
These 10 drugs are among the highest costs in total spending in Medicare Part D. In fact, Medicare enrollees taking these drugs paid a collective $3.4 billion in out-of-pocket costs in 2022 to obtain them. However, according to the Centers for Medicare and Medicaid Services’ (CMS) guidelines, if a biosimilar enters the market and finds substantial buyers, the agency will cancel or adjourn negotiations for the corresponding name-brand drug listed for negotiations. For example, two biosimilar versions of Stelara are set to launch in 2025. If they are successful, the CMS will no longer be able to negotiate a lower price for Stelara.
Pharmaceutical companies have until Oct. 2, 2023, to present data on these drugs to the CMS. The CMS will then make initial price offers in February 2024, which will start the negotiation process. Negotiations are scheduled to end in August 2024, with the new prices becoming effective in January 2026. However, several pharmaceutical companies have filed lawsuits to stop the Medicare Drug Price Negotiation Program. Some of these lawsuits argue that the IRA’s price negotiation process violates the U.S. Constitution by allowing the federal government to impose its preferred price unilaterally. According to legal experts, it’s unclear whether these lawsuits will be successful since Medicare is a voluntary program for drug companies. However, these lawsuits could delay the timing of Medicare drug negotiations.
Impact of Medicare Drug Price Negotiations
Medicare has been setting prices for services as well as physician and hospital payments but has not been allowed to be involved in pricing prescription drugs, which Medicare started covering in 2006. Therefore, allowing Medicare to negotiate drug prices could have a significant impact on the health care industry. While the first 10 drugs subject to price negotiations are used by only 9 million Medicare beneficiaries, the CMS plans to negotiate prices for 50 drugs by 2029. These 10 drugs include some of the most expensive for Medicare, costing a combined $50 billion in 2022; however, the impact of Medicare drug price negotiations may be slow at first but grow with time.
Short-term Impacts of Medicare Drug Price Negotiations
The initial impact of the Medicare Drug Price Negotiation Program may have muted financial impacts on manufacturers and the federal government, at least for the first round of negotiations, according to analysts. This is largely due to factors that impact the revenue and profits of the 10 drugs scheduled for negotiation. For example, many of these drugs currently face competition from other branded medications or patent expirations, which will allow generic alternatives to hit the market. Additionally, some of these drugs do not contribute significantly to pharmaceutical companies’ businesses, so any decline in drug sales may have little impact on a company’s overall business and profitability.
Moreover, Medicare Part D plans (prescription drug plans) and pharmacy benefits managers have already negotiated rebates for the first 10 drugs set for negotiation. Further, many of these drugs come with manufacturer discounts, decreasing their prices well below the list price. As a result, the negotiated prices for these first 10 drugs may not be significant or reduce what the federal government currently pays for them.
Long-term Impacts of Medicare Drug Price Negotiations
While the commercial impact of negotiations may be limited for the initial list of drugs, this could change in future rounds of negotiations. In 2028 and beyond, Medicare drug price negotiations will begin to target Medicare Part B drugs, which cover more specialized medications that are administered by health care providers rather than pharmacies. Many of these drugs offer fewer rebates than the ones currently listed for negotiation. Additionally, some of these drugs are biologics, which will likely have a more significant impact on drug companies because they are much more expensive and have a greater impact on the earnings and growth of these companies.
Pharmaceutical companies claim that the drug price negotiations will curb the development of new drugs. As a result, Medicare drug price negotiations may result in pharmaceutical companies altering their drug development strategies over time. However, according to the Congressional Budget Office’s estimates, only a few drugs would not be developed each year because of Medicare drug price negotiations.
Impact on Individuals
Due to the high costs of these prescriptions, many Americans are forced to choose between paying for vital medications or buying food and other necessities. While some individuals may save money on their prescriptions because of price negotiations, the Medicare Drug Price Negotiation Program aims to lower overall Medicare costs. By doing this, the Medicare program and taxpayers could see significant savings. Moreover, starting in 2025, the IRA will deliver further relief to Medicare beneficiaries by limiting their drug spending to $2,000.
However, the impact of drug price negotiations on individuals not receiving Medicare is currently unclear. Some experts believe that by reducing how much drug companies can charge Medicare beneficiaries, they will increase prices for privately insured individuals. Others believe that Medicare drug price negotiations may enable private health plans to negotiate for lower drug prices for the medications they cover. Additionally, Medicare drug price negotiations could incentivize pharmaceutical companies to lower listed gross prices for medications, which could lower out-of-pocket payments for privately insured individuals.
Employer Takeaway
Medicare drug price negotiations allow the federal government to negotiate prices for a limited number of drugs to lower out-of-pocket costs for millions of seniors and offer savings for taxpayers. While the drugs scheduled for negotiation are among the most expensive, it will likely be some time before the impact of these negotiations is seen. Even if the negotiated prices do not result in large savings for the federal government and taxpayers, Medicare beneficiaries may still experience some savings. The ultimate savings will likely depend on how successfully the federal government negotiates prices.
Contact us for more health care resources.
- Published in Blog
Tailoring Benefits for a Multigenerational Workforce During 2024 Open Enrollment
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.
Open enrollment is an opportunity for employers to educate their workforce about attractive benefits offerings that can help boost employee retention, satisfaction and engagement. However, with four or five generations in the workforce, finding a benefits plan that satisfies everyone can be challenging. A 2022 report by analytics and advisory company Gallup found that employees are postponing retirement, with over two-thirds (76%) of U.S. adults aged 65 to 69 still working. Additionally, Generation Z accounts for a growing percentage of the workforce. These generations and those in between have vastly different needs. This article provides guidance for how employers can balance the needs of an age-diverse workforce when developing competitive benefits offerings.
How Age Impacts Desired Benefits
Generations aren’t homogenous, and there may be variations between individual employee needs and desires within a generation. However, age often impacts the benefits that employees most desire. Here’s a traditional breakdown of the preferred benefits for each generation:
- The Silent Generation (1928-1945) generally wants traditional core benefits, retirement benefits and formal employee recognition programs.
- Baby boomers (1946-1964) typically value caregiving benefits, workplace flexibility, comprehensive health care plans, retirement benefits and ongoing training opportunities.
- Generation X (1965-1980) often wants remote work opportunities, flexible scheduling and caregiving benefits.
- Millennials (1981-1996) generally prioritize flexible scheduling, remote work opportunities, student loan repayment programs and ongoing training opportunities.
- Generation Z (1997-2012) typically wants flexible scheduling, remote work opportunities and comprehensive employee assistance program benefits.
Navigating Differences in Desired Benefits in Preparation for Open Enrollment
Creating a benefits plan that satisfies every generation in the workforce may seem daunting. However, employers should remember that they don’t have to meet the exact desires of every generation. Rather, a successful multigenerational benefits plan will contain something of value for everyone. Therefore, choosing benefits for a multigenerational plan may be similar to what employers are already doing. The following steps can help employers create benefits plans that meet their budget and their employees’ needs:
- Determine the primary goal (e.g., reducing costs or improving employee attraction and retention).
- Survey employees about their benefits preferences.
- Decide on a budget.
- Select benefits that align budget requirements with employee desires.
- Communicate the offerings.
Considerations for Educating a Multigenerational Workforce About Open Enrollment
Employers should remember that there are understandable differences in the way different generations view open enrollment. Older generations with more experience selecting benefits are often more confident and prepared to make educated benefits decisions than younger generations who are new to the workforce. Thus, employers should present information about open enrollment and benefits plans in a way that’s accessible to all generations. This may include the following:
- Create a multichannel approach. Unsurprisingly, different generations prefer to obtain information from varying sources. For example, baby boomers are generally more likely to want information via a pamphlet or brochure than younger generations. For this reason, open enrollment and benefits information should be provided to employees via numerous channels (e.g., emails, webinars, pamphlets and in-person conversations).
- Find ways to connect virtually. These days, an organization’s workforce can be widely dispersed across geographic locations. Depending on an employee’s age, they may also be making benefits decisions with their parents, a partner or a spouse. Therefore, employers must find ways to connect with employees virtually about open enrollment. This may include creating videos, sending emails and providing access to interactive virtual tools.
- Target communications. A survey by software company Jellyvision found that 35% of employees only want to learn about benefits that impact them personally. This means that helping employees connect with the benefits they want and need may include targeting benefits communications to employees based on demographics and benefits preferences. For example, employers should consider providing Medicare information and guidance to older generations of workers. Meanwhile, younger generations of workers might prefer to be directed toward employee assistance programs and student loan repayment benefits.
- Make information accessible. It’s important to remember that workforces aren’t just age-diverse. Employees’ families today may look different than the “typical” family did decades ago. Employers should be inclusive in their messaging to ensure employees from all types of households (e.g., single-parent families and LGBTQI+ relationships) feel there are benefits for their families.
Conclusion
Benefits offerings are a primary factor that impacts employees’ decisions to stay at their current jobs or search for new positions. Employers who tailor benefits to the needs of their employees and successfully communicate open enrollment information across all generations in the workforce may experience improved employee retention and engagement.
Contact us today for more workplace resources.
- Published in Blog
The RISQ RECAP:
September 4th – September 8th, 2023
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 Study Says Autonomous Vehicles Significantly Reduce BI/PD Claims “A new study has revealed that autonomous-vehicle technology reduced bodily injury claims frequency by 100% and property damage claims frequency by 76%. Global reinsurer Swiss Re and automated driving company Waymo partnered on the study. The two compared Waymo’s third-party liability claims data with mileage and ZIP-code-calibrated, human-driven private passenger vehicle baselines established by the insurer for the period of 2016-2021, from over 600,000 claims and over 125 billion miles of exposure.” Full Article – Insurance Journal
Return-to-Office Is $1.3 Trillion Problem Few Have Figured Out “In the emerging post-pandemic era, most aspects of life have returned to normal. Moviegoers are flocking to cinemas, vacationers jammed airports for summer travel and kids are returning to classrooms. The one thing that has remained stubbornly fraught: the world of work. Three and a half years after millions of office-goers were sent home en masse, companies, employees and governments are still figuring out how to adapt to lasting changes to corporate life. But stark differences have emerged across continents and cultures, with Asian and European workers largely returning to offices at a faster pace than their counterparts in the Americas.” Full Article – Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Fifth Circuit Makes it Easier for Employees to Assert Title VII Claims Against Employers “The full U.S. Court of Appeals for the Fifth Circuit recently broadened the scope of actionable adverse employment actions that can serve as the basis for a discrimination lawsuit.” Full Article – Phelps Dunbar LLP
National Labor Relations Board Significantly Alters Union Election Process “On Aug. 24 and 25, 2003, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process.” Full Article – McGuire Woods LLP
OSHA Says Workplace Violence Injuries are Work-Related, Even When Sustained Outside the Workplace “To increase enforcement concerning workplace violence incidents, OSHA published a Standard Interpretation Letter concluding injuries resulting from workplace violence are recordable, even if the incident occurs outside of the workplace.” Full Article – Seyfarth Shaw LLP
EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination “On August 22, 2023, the Equal Employment Opportunity Commission (‘EEOC’) unveiled its four- year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying employment discrimination.” Full Article – Proskauer Rose LLP
Arizona Federal Court Latest to Hold Judicial Approval of Individual FLSA Settlements is Not Required “A federal district court in Arizona held this week that courts are not required – or even authorized – to grant judicial approval of settlement agreements resolving individual claims brought under the Fair Labor Standards Act (FLSA), joining a growing number of courts calling into question the notion that private FLSA settlements require review and approval by either a court or the – Jackson Lewis P.C.
U.S. Department of Labor (DOL).” Full Article
Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees “Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act, more than two-thirds of all states have legalized medical marijuana. More than 20 states permit adults who are 21 or older to purchase and consume cannabis products recreationally.” Full Article – Venable 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.
NOREGON
Oregon’s PFML Program is Going Live Soon – What Employers Need to Know
“Eligible employees may receive benefits under Oregon’s paid family and medical leave (PFML) program starting September 3, 2023 . . . This advisory provides a brief overview of PFML program basics, explains recent changes to PFML and related laws, and highlights some key considerations to help employers navigate this new program.” Full Article
– Davis Wright Tremaine LLP
NEW YORK
Reminder: New York State Pay Transparency Obligations Take Effect Sept. 17
“Employers are reminded that the New York State Pay Transparency Law goes into effect Sept. 17, 2023. Covered employers in New York State will have new pay transparency obligations related to job advertisements.” Full Article
– Jackson Lewis P.C.
FLORIDA
Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop W.O.K.E.” Law)
“On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the ‘Stop-W.O.K.E.’ law) went into effect, and about one year after a Florida federal court partially enjoined the new law, a three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit Court heard argument in Florida’s attempt to dissolve the injunction and allow the law to go forward unimpeded.” Full Article
– Littler Mendelson P.C.
COLORADO
Colorado Expands Paid Sick Leave
“On Aug. 7, 2023, Colorado expanded employee rights to additional uses of paid and protected sick leave with the addition of new categories for which employees can use sick leave.” Full Article
– Brownstein Hyatt Farber Schreck LLP
MAINE
Maine Enacts Expansive Paid Family and Medical Leave Law
“The law (as amended prior to enactment), which will cover all employers with one or more employees working in Maine, establishes a state-managed program whereby employers and employees will contribute to a paid Family and Medical Leave Insurance Fund (the ‘Fund’).” Full Article
– Proskauer Rose LLP
- Published in Blog
Understanding the EEOC’s New Guidance on Accommodating Visual Disabilities Under the ADA
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.
On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. The EEOC originally issued guidance on how ADA discrimination requirements apply to individuals with visual disabilities on May 7, 2014. The new guidance revises and amends the EEOC’s original document. It addresses reasonable accommodations, safety concerns, workplace harassment and discrimination issues arising from the use of artificial intelligence.
In 2022, the Centers for Disease Control and Prevention found that approximately 18.4% of all U.S. adults are blind or have “some” or “a lot” of difficulty seeing, even with corrective lenses. Unfortunately, many of these individuals struggle to find employment. Data from the most recent U.S. Census Bureau’s American Community Survey indicate that only 46.2% of people with visual disabilities were employed in 2019, compared to 78.6% of people without disabilities. These statistics show that there are still significant barriers to employment for people with visual disabilities.
Employers who successfully accommodate job applicants and employees with visual disabilities can gain access to a talented group of workers. They may also experience benefits such as improved productivity and decreased absenteeism from individuals with visual disabilities, decreased workers’ compensation costs and improved workplace diversity. Additionally, compliance with EEOC guidance is required under federal law and can reduce the risk of costly discrimination lawsuits.
This article provides a general overview of the EEOC’s new guidance and highlights key strategies for employers to respond to accommodation requests.
Understanding the New EEOC Guidance
In question-and-answer format, the new guidance provides information on the following topics:
- When employers may ask individuals about their vision
- How employers should treat voluntary disclosures about visual disabilities
- What types of reasonable accommodations individuals with visual disabilities may need
- How employers should handle safety concerns relating to individuals with visual disabilities
- How employers can ensure that no employee is harassed due to a visual disability or any other disability
- How the use of artificial intelligence and algorithms in employment decisions can impact individuals with visual disabilities
Additionally, the EEOC guidance states that individuals with vision impairment, including limited or low vision, may be entitled to accommodation if they are or have a record of being substantially limited in their vision or another major life activity. Accommodation must be based on the needs of the individual requesting them and determined through an interactive process. Examples of reasonable accommodations provided in the recent EEOC guidance include:
- Assistive technology, such as text-to-speech software
- Accessible materials (e.g., Braille or large print)
- Modification of employer policies or procedures, such as allowing guide dogs in the work area
- Ambient adjustments (e.g., brighter office lights)
- Sighted assistance or services, like a qualified reader
Considerations for Employers to Accommodate Individuals With Visual Disabilities
According to the EEOC, employers should provide reasonable modifications for employees with visual disabilities (e.g., flexible scheduling, human or technological readers, or audio alarms) if it doesn’t cause undue hardship for the business. This duty is required under the ADA. Successfully accommodating job applicants and employees with visual disabilities may include the following:
- Understanding when an accommodation request is being made—Requests for accommodation may be made verbally or in writing. To make a request, individuals do not have to mention the ADA or use the term “reasonable accommodation.” For example, an employee may make an accommodation request simply by telling their manager they’re having trouble reading due to a degenerative eye condition. If employers become aware of an individual’s need for an accommodation or believe that a medical condition is causing a performance or conduct problem, they may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. This can reduce misunderstandings and the risk of potential litigation if accommodation requests are ignored.
- Determining appropriate accommodations through an interactive process—Once a reasonable accommodation is requested, the employer and the individual should discuss the individual’s needs and identify the appropriate reasonable accommodation. These discussions allow employers to find the best solutions for an impacted employee’s individual needs and show the worker they’re valued. When deciding which accommodation to implement, employers can consider the affected employee’s preference but are not required to do so. Employers can refer to the examples of reasonable accommodations provided in the recent EEOC guidance.
- Determining if accommodation is reasonable—When an individual requests workplace accommodation, employers must determine if they can provide accommodation without undue hardship. Such decisions should be made on a case-by-case basis, taking into consideration the cost of the accommodations, the financial resources of the employer and the impact the accommodations will have on the organization.
- Asking for medical documentation when appropriate—Employers may request documentation to establish that an individual has an ADA disability that requires reasonable accommodation in the workplace if the disability isn’t obvious. Alternatively, employers can discuss the disability with the employee requesting accommodation.
- Communicating openly with affected individuals—An individual’s needs for accommodation may change over time. While some accommodations may be permanent, others may only be necessary for weeks or months. Employers should keep communication open with individuals who have reasonable accommodations to ensure they’re able to be as productive as possible and the employer follows all legal requirements.
Conclusion
Individuals with visual disabilities can contribute to a talented and diverse workforce. Employers who successfully accommodate such individuals may experience improved retention and productivity from valued employees. Employers can use the recent EEOC guidance to create a safe and accommodating environment that complies with federal regulations for individuals with visual disabilities.
Contact us today for more workplace resources.
- Published in Blog