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Reminder: Transitional Reinsurance Fee Payment Due

Similar to the past two years, the annual deadline for the 2016 transitional reinsurance fee is fast approaching. The Affordable Care Act’s (ACA) transitional reinsurance program was designed to help stabilize premiums in the individual market. I question how much stabilization there has been since individual marketplace premiums seem to be skyrocketing in all states.

A Legal Challenge to the EEOC's Wellness Regulations

AARP, the consumer advocacy group that represents older Americans, filed a lawsuit arguing that the proposed wellness programs violate anti-discrimination laws aimed at protecting workers’ medical information. The lawsuit was filed against the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for issuing these wellness rules governing what employers can do. This is a particularly stunning course of events since one of the lawyers for the AARP was quoted in an interview as stating “we are virtually always allies with the EEOC.”

HIPAA Notice Reminder

There has been much confusion surrounding the Health Insurance Portability and Accountability Act (HIPAA) notices; specifically whether they have to be distributed every year or not. That answer is “no”, but if you are self insured, or fully insured and see protected health information (PHI), you have to make sure they are distributed every third year. As such, most employers do it every year so they do not forget - I agree with that approach.

Grab Your Popcorn - Legal Challenges Begin for New Overtime Rules

The effective date to the Department of Labor’s (DOL) new overtime regulations is set to take effect on December 1st, raising the salary level to qualify for certain white collar overtime exemptions from $455 per week to $913 per week. But, as expected, this ruling has not come without its challenges. 


Topics: HR / Employee Benefits

Will a SPD Posted on Our Company’s Intranet Satisfy ERISA’s Requirements?

Summary Plan Descriptions (SPDs) are often one of the most overlooked compliance issues that can produce hefty fines. The Department of Labor (DOL) requires that SPDs be provided in a manner “reasonably calculated to ensure actual receipt” of the material by the participant, but what methods are included?

10 Myths Surrounding the New Worker Misclassification Guidelines

Recently the Department of Labor (DOL) published guidelines on continuing hot topic worker misclassification issues. Many myths and facts have been misconstrued over these new guidelines causing quite a bit of confusion for employers. Here's 10 myths surrounding the new worker misclassifcation guidelines debunked. 


The Impact of the New OSHA Rules

In May, OSHA announced its Electronic Recordkeeping Rule. The effective date of the rule was supposed to be August 10, 2016, but has been delayed. Why? Because on July 8, eight Texas employer groups, including the National Association of Manufacturers, filed suit against OSHA attempting to abolish the rule by requesting an injunction blocking its implementation or at least as the rule would apply to employer safety incentive programs and mandatory post-incident drug testing. Given that the case is still working its way through the court system, OSHA had no choice but to extend the rule’s effective date from August 10, 2016, to November 1, 2016. Further delays may still be on the horizon.

Medicare Part D Notices Due October 14th

All employers sponsoring group health plans that include prescription drug coverage are required to notify all Medicare-eligible individuals whether such coverage is creditable. There is no minimum number of employees required to trigger this notice; it applies to all employers who sponsor group health plans. As a reminder, Medicare Part D notices have to be distributed by October 14th. Here's what you need to know to be ready.