March 14th – March 18th, 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
Nationwide Expands Use of Leak Sensors for Homeowners
“Nationwide Insurance has become the latest large insurer to expand its use of leak-detection and other sensors for homeowners, offering a small discount on premiums. The company announced this week that it has teamed up with Notion, a firm affiliated with Comcast, the national TV cable and communications company. Customers who opt in to the Nationwide smart home program will receive a discount on the monitoring systems and a $50 reduction in annual premiums.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
Variation in Patients’ Use Of, Experiences With, and Access to Telehealth During the First Year of the COVID-19 Pandemic “During the first year of the pandemic, 37.4 percent of nonelderly adults and 46.2 percent of elderly adults had at least one telehealth. Publicly insured nonelderly adults were more likely to have had a phone visit, as opposed to a video visit, than those with private insurance, which may reflect differences in patient access to video technology or the telehealth modalities insurers cover.” Full Article – Urban Institute
Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees “The Consolidated Appropriations Act, 2021 adopted a series of transparency requirements that apply to employer-sponsored group health plans. A subset of these transparency requirements, while not likely well suited to class action claims, will nonetheless prove vexing. Provisions relating to mental health parity seem perfectly designed to attract class actions claims. The motherlode for the plaintiffs’ bar however is in the broker/consultant compensation disclosure rules.” Full Article – Mintz
Texas District Court Vacates Arbitration Provisions of HHS Regs Under No Surprises Act “The court held that the arbitration procedures of the rule conflicted with the express terms of the No Surprises Act in violation of the Administrative Procedures Act (APA). This decision, while a ‘win’ for providers, leaves the details of the arbitration process under the Act uncertain for now, as the agencies presumably go back to the proverbial drawing board.” Full Article – ArentFox Schiff LLP
Implications of Hospital Price Transparency on Hospital Prices and Price Variation “This brief offers perspectives on factors contributing to hospital pricing and price variation, discusses potential stakeholder uses and impacts of emerging transparency data, and offers an actuarial perspective on emerging transparency requirements.” Full Article – American Academy of Actuaries
Feds Clarify At-Home COVID-19 Test Coverage Rules “The original guidance left several questions unanswered concerning delivery of at-home tests and what effect shortages of tests might have on plan sponsors. The February 4 FAQs outline how plans can comply with the original mandate but grant latitude to deal with testing kit scarcity and other issues.” Full Article – Fisher Phillips
President Continues COVID Extensions “President Biden has extended the COVID-19 National Emergency, which was declared on March 13, 2020, and was scheduled to end March 1, 2022. This latest extension of the National Emergency is expected to last for at least one year. Extending the National Emergency also extends temporary delays of certain deadlines applicable to group health plans.” Full Article – The Wagner Law Group
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.
New York
New York Employers: Continue Implementing Your Airborne Infectious Disease Exposure Prevention Plans and Review Your Masking Policies
“New York employers must continue to implement airborne infectious disease exposure prevention plans, pursuant to the New York Health and Essential Rights (NY HERO) Act, through at least March 17, 2022. The law, however, no longer requires many New York employers to mandate their employees wear masks in the workplace.” Full Article
– Greenberg Traurig
California
California Supreme Court Clarifies Burden of Proof in Whistleblower Retaliation Claims
“The California Supreme Court has clarified that state whistleblower retaliation claims should not be evaluated under the McDonnell Douglas test, but rather under the test adopted by the California legislature in 2003, thus clarifying decades of confusion among the courts.” Full Article
– Hunton Andrews Kurth
Illinois
Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions
“Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony Bronzeville Park, LLC has eliminated a defense invoked by employers facing claims under BIPA: the exclusivity of workers’ compensation.” Full Article
– McDermott Will & Emery
D.C.
D.C.’s Non-Compete Law Poised To Be Delayed Until October 1, 2022
“The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act in January 2021, which creates one of the most comprehensive non-compete bans in the country.” Full Article
– Proskauer Rose
Virginia
Virginia Begins Process to Revoke Permanent COVID-19 Workplace Safety Standard
“The Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board convened and voted to recommend revoking the Commonwealth’s COVID-19 permanent workplace safety standard. This action comes after newly-elected Governor Glenn Youngkin issued Executive Order 6 directing the Board to convene an emergency meeting to consider whether there is a continued need for the permanent workplace safety standard.” Full Article
– Reed Smith
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