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The RISQ RECAP:

September 12th – September 16th, 2022

by RISQ Consulting / Thursday, 15 September 2022 / Published in Blog

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

 

US Aims to Reverse Some Trump Offshore Safety Rule Rollbacks

“The U.S. Department of the Interior said Monday that it wants to reverse some Trump administration rollbacks of offshore safety rules to prevent blowouts like the BP catastrophe that killed 11 people and fouled the Gulf of Mexico in 2010.”  Full Article 

– Insurance Journal


EMPLOYEE BENEFITS, HUMAN RESOURCES, & COMPLIANCE

 

ERISA Lawsuit Time-Barred Due to Plan’s Limitations Period

“In reaching this determination, the Eleventh Circuit concluded that it was irrelevant that the plaintiff was not given actual notice of the limitations provision.”  Full Article

– The Wagner Law Group

Fifth Circuit Rules in Section 1557 Litigation

“The decision means that HHS is permanently barred from interpreting or enforcing Section 1557 in a way that would require the religious plaintiffs in Franciscan Alliance to perform or provide insurance coverage for services related to gender transition or abortion. This article discusses this case and also summarizes the status of other litigation over rules to implement Section 1557.”  Full Article

– Health Affairs

District Court: ACA’s HIV/Prep Coverage Mandate Violates Religious Freedom Restoration Act

“In a dispute involving the ACA’s preventive health services rules, a Texas district court held that the coverage mandate for preexposure prophylaxis (PrEP) drugs to prevent HIV infections violated an employer’s rights under the Religious Freedom Restoration Act of 1993 (RFRA). The district court also addressed the appointment process for the entities that determine which items and services must be covered under the ACA’s preventive health services rules, as implemented.”  Full Article

– Thomson Reuters Practical Law

Agency FAQs Reveal Employers Continue to Struggle with Implementation of No Surprises Act and Transparency in Coverage Requirements

“The DOL, HHS and the Treasury recently issued joint guidance in the form of FAQs which [1] elaborate on and relax the requirement that plans make machine-readable files publicly available on the plan’s website no later than 7/1/2022 [2] specify the three ways in which plans and issuers must satisfy the notice obligation, and [3] clarify how protections would apply for plans with no network (e.g., reference- based pricing plans) or plans that only extend in-network coverage.”  Full Article

– Seyfarth Shaw LLP

Benefits-Related Provisions of the Inflation Reduction Act of 2022
“On August 16, President Biden signed into law the Inflation Reduction Act of 2022 (P.L. 117-169; the “Act”). Although the Act differs considerably from the wide-ranging domestic economic package Democrats had initially envisioned under the Build Back Better moniker, the Act nevertheless includes a number of significant initiatives addressing the climate, healthcare, and tax issues. …[1] Extension of ACA subsidies [2] Medicare prescription drug pricing negotiations [3] Manufacturer rebates under Medicare [4] HSA safe harbor for insulin.”  Full Article

– Groom Law Group

Hospital and Insurer Price Transparency Rules Now in Effect But Compliance Is Still Far Away

“The short answer to the question of whether these transparency rules are working is not quite yet. Hospitals have been slow to comply with transparency rules. Even when hospitals have complied with the rules, experts have found the data to be ‘consistently inconsistent’ in terms of how data elements are defined and displayed, making it very difficult for third parties to make connections across hospitals and payers.”  Full Article

– Health Affairs

 


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 JERSEY

Establishing Independent Contractor Status Continues to Challenge New Jersey Employers
“In East Bay Drywall, LLC v. Department of Labor & Workforce Development, decided on August 2, 2022, the New Jersey Supreme Court confirmed the difficulties employers face when trying to establish independent contractor status for their workers.”   Full Article

– Cole Schotz

NEW YORK

New York City Will Soon Regulate Use of
Artificial Intelligence in Employment Decisions

“On January 1, 2023, New York City employers will have to comply with a new law aimed at preventing bias in artificial intelligence hiring tools. These tools, which include algorithms and software geared towards finding ideal candidates, have come under fire in recent years for their potential to unlawfully discriminate against protected classes.”  Full Article

– Benesch Friedlander Coplan & Aronoff LLP

New York Adult Survivors Act: What Employers Should Know

“The Adult Survivors Act, a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24 and provide a one-year window for individuals to bring certain previously time-barred sexual offense claims, regardless of when the alleged act occurred.”  Full Article

– Morgan Lewis & Bockius

COLORADO

Colorado Expands Notice Requirements for Employees Upon Termination

“When a Colorado employee’s employment terminates for any reason, employers are required to provide certain information to the employee regarding unemployment insurance benefits. Colorado expanded employers’ notice requirements under Senate Bill 22-234, which was passed on May 25, 2022.”  Full Article

– Cooley LLP

NEVADA

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

“Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada supreme Court has upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug test.”  Full Article

– Littler Mendelson

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