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
Professional Service Firms Facing Increased Cyber Risks
“The professional services sector has seen significant growth over the past few years, spurred by globalization. However, this growth is also accompanied by increased exposure to risks, especially those of a technological nature. Beazley’s latest Cyber Services Snapshot report revealed that professional service firms are increasingly being targeted by cyberattacks.” Full Article
– Business Insurance America
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Significant Parity Cases For Benefits Lawyers to Watch “Many expect the outcomes of these lawsuits to clarify the standards for a successful parity claim and what remedies plaintiffs can seek under the Parity Act.” Full Article – Hall Benefits Law
Plan Administrators May Not Adopt Rationales for Benefit Denials Not Raised During the Claims Review Process “The Ninth Circuit confirmed that a district court must decide whether the plan administrator’s decision to deny LTD benefits is supported by the record and cannot engage in a new determination of whether the claimant is disabled.” Full Article – The Wagner Law Group
HIPAA Compliance and Tracking Technologies for Apps and Webpages “The guidance generally provides that HIPAA covered entities and business associates: May not impermissibly disclose protected health information (PHI) to tracking technology vendors (TTV). Must ensure that they disclose PHI only as expressly permitted or required by the HIPAA Privacy Rule.” Full Article – Thomson Reuters Practical Law
SCOTUS Denies Review and Leaves Seattle’s ‘Play-or Play’ Ordinance Intact “The Supreme Court declined to review whether federal law preempts a Seattle Ordinance mandating that large hotels offer their employees health insurance coverage or increased pay. This left the Ninth Circuit’s ruling, which found that the particular ordinance was not preempted, as the last word on the issue (at least for now).” Full Article – Proskauer
Health Plans and Marijuana: What to Know Now “On November 16, the U.S. Senate passed Medical Marijuana and Cannabidiol Research Act [HR 8454], which was passed by the House of Representatives in July. News reports have predicted that Biden will sign the bill. The bill doesn’t specifically address health plan coverage of medical marijuana, but the processes it sets in motion could lead to greater clarity on the issue.” Full Article – International Foundation of Employee Benefits
I Want A New Drug… Prescription Drug Data Collection Reporting is Due December 27th “The Departments will not take enforcement action against the plan sponsor if the average monthly premium paid by employers and employees (Columns E and F) is not included on the D1 for the 2020 and 2021 reporting period, as long as the information is provided for 2022 and beyond. However, no such relief exists for reporting the premium equivalent (Column I).” Full Article – Holland & Hart 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.
WASHINGTON D.C.
D.C. Voters Pass Initiative 82– Phasing Out Tipped Minimum Wage by 2027
“On November 8, 2022, Washington D.C. voters overwhelmingly passed Initiative 82 or the “District of Columbia Tip Credit Elimination Act.” As a result, the tip credit for D.C. tipped wage workers will be gradually phased out by 2027, at which time employers must pay their tipped employees the applicable D.C. minimum wage rate and eliminate the use of any tip credit.” Full Article
– Littler Mendelson
CALIFORNIA
2023 California Minimum Wage Update
“The start of the new year will bring many changes to California’s state and local minimum wage laws. California employers would be wise to take note of the following changes—set to take effect on January 1, 2023—that will impact both non-exempt and exempt employees.” Full Article
– Davis Wright Tremaine
MISSOURI
Missouri Voters Approve Legalization of Recreational Marijuana- What Employers Need to Know
“On November 8, 2022, citizens of Missouri voted to amend the Missouri Constitution, making the cultivation, sale and use of recreational marijuana legal under certain circumstances. The approval of Amendment 3 follows the passage of Amendment 2 in 2018, legalizing the production and sale of medical marijuana throughout Missouri.” Full Article
– Worklaw Network
MASSACHUSETTS
Massachusetts Department of Family and Medical Leave Publishes 2023 Workplace Poster, Workforce Notifications and Rate Sheets
“On November 15, 2022 the Massachusetts Department of Family and Medical Leave (the “Department”) published its 2023 Paid Family and Medical Leave (“PFML”) workforce notifications, including the poster, notices, and rate sheets, all available here.” Full Article
– Morgan, Brown and Joy
ILLINOIS
Labor–Friendly “Workers’ Rights Amendment’ Passes in Illinois
“The Illinois Constitution Amendment 1 (commonly referred to as the “Workers’ Rights Amendment”) has received enough votes to secure its passage. Citizens of Illinois voted on the Amendment on November 8, 2022, but delays in tabulating the votes resulted in a formal announcement on November 16, 2022 of the Amendment’s passage.” Full Article
– Benesch, Friedlander, Coplan & Aronoff
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