
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
The Future of P/C Underwriting: Shifting From Innovation to Operational Efficiency
“With rising inflation and the prospects of a recession on the horizon, the present macroeconomic environment is forcing property/casualty underwriters to adapt to new technologies and sources of data. All the while, policyholders are demanding more from underwriters, whether it’s greater transparency or access to dynamic pricing.” Full Article
– Insurance Journal
EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE
When to Provide Domestic Partner Benefits “Domestic partners are entitled to the same employer-provided benefits as spouses only if the benefit is subject to state law and the state law recognizes domestic partnerships. This happens most commonly with insured group health plans. ERISA does not preempt state insurance laws.” Full Article – Holland and Hart LLP
Medical Claims Reviews: What Your Plan May be Missing “With thousands and thousands of codes that can be assigned to everything from the diagnosis of a patient’s condition to the facility where they receive care, there is plenty of room for error in medical billing. And it may never get caught, partly because billing has become so complicated and partly because patients, health plans and claims administrators may not have all the data they need to catch the errors.” Full Article – International Foundation of Employee Benefit Plans
Fourth Quarter 2022 Hits for Plan Sponsors and Administrator “With the first RxDC reporting deadline of December 27, 2022, fast approaching, plan administrators should discuss RxDC reporting with their providers now to develop a compliance plan. As the CMS warns, HIOS accounts can take up to two weeks to create. First dollar coverage for insulin will protect Health Savings Account eligibility for those who require an insulin regimen. Employers should determine if their plan requires an amendment to implement this change.” Full Article – Jackson Lewis P.C.
Biden Administration Proposal Restores, Updates Obama-Era ACA Section 1557 Rules “The Proposed Rule also suggests that TPAs subject to Section 1557 may be held liable for Section 1557 violations when the allegedly discriminatory act or feature originated with the TPA. For example, if a group health plan adopts a template plan document provided by the TPA, the TPA could be found liable. This appears to be the case even in the event the plan sponsor formally adopts the document or benefit design as the plan settlor.” Full Article – Groom Law Group
COBRA Election Notice Failure Underscores Need for Mailing Address Procedures “In a dispute involving alleged violations of notice requirements under COBRA, a district court addressed the respective liabilities of a self-funded health plan’s third-party administrator and its employer/plan sponsor for providing a COBRA election notice. The court concluded that the employer could not disclaim liability for providing the election notice to a plan participant at the correct address merely because it had contracted with the TPA to provide COBRA notices.” Full Article – Thomson Reuters Practical Law
Navigating Open Enrollment Requirements “A dependent audit performed by the plan’s administrator flagged the same sex spouse’s coverage. Consistent with the employer’s religious belief the HR executive informed the employee that the spouse’s coverage would be terminated at the end of the month. The employer argued that it was exempt from Title VII based on its status as a religious organization. Rejecting this interpretation, the district court concluded that religious organizations are not exempt from Title VII’s prohibition against discrimination based on characteristics other than religion.” Full Article – Faegre Drinker
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 Expands Pay Transparency and Reporting Obligations
“On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other employers. The new obligations take effect on January 1, 2023.” Full Article
– Jackson Lewis
Bereavement Leave Now Protected in California
“On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (AB) 1949, which amends the California Family Rights Act (CFRA) to require covered employers to provide eligible employees with 5 days of bereavement leave. AB 1949 applies to employers with 5 or more employees nationwide.” Full Article
– Jackson Lewis
WASHINGTON D.C.
Washington D.C. to Expand Antidiscrimination Protections to Include Independent Contracts and Homeless Individuals
“Effective October 1, 2022, an amendment to the District of Columbia’s Human Rights Act (“the Act”) will expand the universe of workers protected under the Act, as well as codify workplace harassment as an unlawful discriminatory practice.” Full Article
– Proskauer Rose
NEW YORK
NYC to End Private Employer COVID-19 Vaccine Mandate on November 1, 2022
“On September 20, 2022, New York City Mayor Eric Adams announced that the city will end its COVID-19 vaccine mandate for private employers on November 1. Adams stated that lifting the mandate now “puts the choice in the hands of New York businesses” as to whether to require employee vaccination, subject to accommodations for religious or medical reasons. ” Full Article
– Cooley LLP
MASSACHUSETTS
Massachusetts Updates Paid Family and Medical Leave Contribution Rates for 202
“The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates under the Paid Family and Medical Leave Act (PFMLA) effective January 1, 2023.” Full Article
– Jackson Lewis