How employers can support employees during cancer treatment

The number of cancer survivors in the United States has grown to 15.5 million and is expected to increase to 20.3 million by 2026. Read on to learn how employers can support their employees during their cancer treatment.


Thanks to more sensitive diagnostic testing, earlier diagnosis and new treatments, the number of cancer survivors in the U.S. has grown to 15.5 million, and that number is projected to increase to 20.3 million by 2026. In addition, about 1.7 million Americans are projected to be diagnosed with cancer this year. A large percentage of these cancer patients and survivors are still active members of the workforce and the numbers have the potential to increase even more as people remain in the workforce beyond age 65.

Some people with cancer choose to continue working during treatment. Reasons for continuing to work can be psychological as well as financial. For some, their job or career is a big part of the foundation of their identity. A survey conducted by the non-profit Cancer and Careers found that 48% of those surveyed said they continued to work during treatment because they wanted to keep their lives as normal as possible, and 38% said they worked so that they felt productive. Being in the workforce also provides a connection to a supportive social system for many people and boosts their self-esteem and quality of life.

There also are financial benefits to the employer when employees continue to work during cancer treatment. Turnover costs, including hiring temporary employees and training replacement employees, are high. The cost of turnover for employees who earn $50,000 per year or less (which is approximately 75% of U.S. workers) average 20% of salary. For senior and executive level employees, that cost can reach 213% of salary. In addition, it can be costly to lose the experience, expertise, contacts and customer relationships employees have built.

This raises the question for employers: How can I support employees who choose to work while undergoing cancer treatment? Providing that support can be complex as employers work to balance their legal responsibilities under the Americans with Disabilities and Family and Medical Leave Acts with the privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA).

When an employee chooses to share his or her diagnosis with a supervisor or HR representative, employers should view this disclosure as the beginning of a conversation with the employee taking the lead. (It’s up to the employee what information he or she wants to disclose about the diagnosis and treatment and with whom the information can be shared within the organization.) Here are four ways employers can support employees who are getting cancer treatment.

Help employees understand what benefits are available

The first step an employer should take is to refer the employee to the organization’s human resources manager (or someone who handles HR matters if the organization is smaller and does not have a human resources department) so that person can share information about all available benefits and pertinent policies. Provide details on:

  • Medical and prescription drug coverages, including deductibles, co-pays, precertification requirements, network healthcare providers and plan and lifetime maximums
  • Leave policies
  • Flexible scheduling and remote work options, if available
  • Employee assistance programs
  • Community resources and support groups

Offer professional guidance

Offering patient navigator or case management services can also be beneficial. Navigators and case managers can provide a range of services including:

  • Connecting employees with healthcare providers
  • Arranging second opinions
  • Providing evidence-based information on the type of cancer the employee has been diagnosed with and options for treatments
  • Help filing health insurance claims, reviewing medical bills and handling medical paperwork
  • Coordinating communication and medical records among members of the treatment team
  • Attending appointments with employees
  • Answering employee questions about treatments and managing side effects

Make accommodations

Workplace accommodations are another key pillar of support for employees working during cancer treatment. In addition to flexible scheduling, to accommodate medical appointments and help employees manage side effects like fatigue and nausea, and the option of working from home, workplace accommodations can include:

  • Temporary assignment to a less physically taxing job
  • Substituting video conferencing or online meetings for travel, which can be difficult for employees dealing with fatigue or a suppressed immune system, and can make it hard to attend needed medical appointments
  • Leave sharing for employees who have used all their paid time off and can’t afford to take unpaid leave. Some organizations offer leave banks or pools where employees can “deposit” or donate some of their vacation days for employees dealing with a serious illness to use.

Employees may continue to need accommodations after treatment ends if they face late side effects such as fatigue, difficulty concentrating, numbness caused by nerve damage or heart or lung problems. Continuing job and schedule modifications can help mitigate the situation.

Ask for employee input

An often overlooked part of supporting employees who are working during cancer treatment is asking the employee what types of support he or she needs and prefers. Employees can share any medical restrictions related to their condition, what types of accommodations or equipment will help them do their job, and what schedule changes will allow them to attend needed appointments and recover from treatment. This should be an ongoing conversation because the employee’s needs are likely to change over the course of treatment and recovery.

SOURCE: Varn, M. (21 September 2018) "How employers can support employees during cancer treatment" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/how-employers-can-support-employees-during-cancer-treatment?brief=00000152-14a5-d1cc-a5fa-7cff48fe0001


IRS updates required tax notice to address plan loan offsets

Recently, the IRS updated the model notice that must be sent out to all plan participants. This model notice modifies the prior model notices that were published four years ago in 2014. Continue reading to learn more.


The IRS has updated the model notice that is required to be provided to participants before they receive an “eligible rollover distribution” from a qualified 401(a) plan, a 403(b) tax-sheltered annuity, or a governmental 457(b) plan.

Notice 2018-74, which was published on September 18, 2018, modifies the prior safe-harbor explanations (model notices) that were published in 2014. Like the 2014 guidance, the 2018 Notice — sometimes referred to as the “402(f) Notice” or “Special Tax Notice” — includes two separate “model” notices that are deemed to satisfy the requirements of Code Section 402(f): one for distributions that are not from a designated Roth account, and one for distributions from a designated Roth account. The 2018 Notice also includes an appendix that can be used to modify (rather than replace) existing safe-harbor 402(f) notices.

The model notices were updated to take into consideration certain legislation that has been enacted, and other IRS guidance that has been published, since 2014. They include:

  • changes related to qualified plan loan offsets under the Tax Cuts and Jobs Act of 2017;
  • changes in the rules for phased retirement under the Moving Ahead for Progress in the 21st Century Act (“MAP-21”);
  • changes in the exceptions to the 10% penalty for early distributions from governmental plans under the Defending Public Safety Employees’ Retirement Act; and
  • IRS guidance (in Revenue Procedure 2016-47) regarding a self-certification procedure for waivers of the 60-day rollover deadline.

The model notices also make some “clarifying” changes to the 2014 notices, including:

  • clarification that the 10% additional tax on early distributions applies only to amounts includible in income;
  • an explanation of how the rollover rules apply to governmental 457(b) plans that include designated Roth accounts;
  • clarification that certain exceptions to the 10% tax on early distributions do not apply to IRAs; and
  • recognizing that taxpayers affected by federally declared disasters and other events may have an extended deadline for making rollovers.

The updated model 402(f) notices should be particularly useful in communicating to participants the extension, under the Tax Cuts and Jobs Act, of the time to roll over a “qualified plan loan offset amount.”

Inside the plan load offset

By way of background, Notice 2018-74 reminds us that distribution of a “plan loan offset amount” is an eligible rollover distribution, and that a “plan loan offset” occurs when, under the plan terms governing a plan loan, the participant’s accrued benefit is reduced, or offset, in order to repay the loan. According to the Notice, this can occur when, for example, the terms of the plan loan require that, in the event of an employee’s termination of employment or request for a distribution, the loan is to be repaid immediately or treated as in default.

The Notice also indicates that a plan loan offset may occur when, under the terms of the plan loan, the loan is canceled, accelerated, or treated as if it were in default (for example, when the plan treats a loan as in default upon an employee’s termination of employment or within a specified period thereafter). The Notice also reminds us, however, that a plan loan offset cannot occur prior to a distributable event.

This is helpful guidance for distinguishing between a “deemed distribution” of a defaulted loan (a taxable event which is not eligible for rollover) and a “plan loan offset amount,” which is an eligible rollover distribution.

Generally, if a default occurs before the participant has a distributable event (such as termination of employment, or attainment of age 59½), and the default is not cured by the last day of the cure period, it must be treated as a “deemed distribution” and reported on Form 1099. Such defaulted amounts are not eligible for rollover.

However, if the default occurs at or after a distribution event, and the plan terms require that the participant’s account be offset to pay off the loan, then the reduction of the account may be treated as a plan loan offset, which is an eligible rollover distribution.

Notice 2018-74 (and the new model notices) also reflect that, prior to the Tax Cuts and Jobs Act of 2017, participants who incurred a “plan loan offset” only had 60 days to “roll” an equivalent amount of money to an IRA or another employer plan (to avoid the offset being treated as a taxable distribution). However, for plan loan offsets that occur after December 31, 2017, if the plan loan offset is a “qualified plan loan offset” (meaning it occurs in connection with termination of employment or termination of the plan), then the participant has significantly more time (until the extended due date of the participant’s tax return for the year of the offset) in which to roll an amount equal to the loan offset amount to an IRA or another employer plan.

SOURCE: Browning, R (4 October 2018) "IRS updates required tax notice to address plan loan offsets" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/opinion/irs-updates-required-tax-notice-to-address-plan-loan-offsets?brief=00000152-146e-d1cc-a5fa-7cff8fee0000


Target on Safety: Driver Fatigue

Fatigue is the result of physical or mental exertion that impairs performance. Driver fatigue may be due to a lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors. The Large Truck Crash Causation Study (LTCCS) reported that 13 percent of Commercial Motor Vehicle (CMV) drivers were considered to have been fatigued at the time of their crash.

Below are some tips that will help you stay healthy and feel well rested during your time on the road.

Tip #1: Get Enough Sleep

Be sure to get an adequate amount of sleep each night. If possible, do not drive while your body is naturally drowsy, between the hours of 12 a.m. to 6 a.m. and 2 p.m. to 4 p.m. Driver drowsiness may impair a driver’s response time to potential hazards, increasing the chances of being in a crash. If you do become drowsy while driving, choose a safe place to pull over and rest.

The circadian rhythm refers to the wake/sleep cycle that our body goes through each day and night. The cycle involves our internal clock and controls the daily pattern of alertness in a human body. With inadequate sleep, the drowsiness experienced during natural “lulls” can be even stronger and may have a greater adverse effect on a driver’s performance and alertness.

A study by the Federal Motor Carrier Safety Administration (FMCSA) found that driver alertness was related to “time-of-day” more so than “time-on-task.” Most people are less alert at night, especially after midnight. This drowsiness may be enhanced if you have been on the road for an extended period of time.

A recent study conducted to determine the risk of having a safety-critical event as a function of driving-hour suggests that incidents are highest during the first hour of driving. The authors hypothesize that drivers may be affected by sleep inertia shortly after waking from sleep. This may be especially true for drivers who sleep in the sleeper berth. Sleep inertia refers to impairment in a variety of performance tasks, including short-term memory, vigilance, cognitive functioning, reaction time and ability to resist sleep.

Tip #2: Maintain a Healthy Diet

Skipping meals or eating at irregular times may lead to fatigue and/or food cravings. Also, going to bed with an empty stomach or immediately after a heavy meal can interfere with sleep. A light snack before bed may help you achieve more restful sleep. Remember that if you are not well-rested, induced fatigue may cause slow reaction time, reduced attention, memory lapses, lack of awareness, mood changes, and reduced judgment ability.

A recent study conducted on the sleeping and driving habits of CMV drivers concluded that an unhealthy lifestyle, long working hours, and sleeping problems were the main causes of drivers falling asleep while driving.

Tip #3: Take a Nap

If possible, you should take a nap when feeling drowsy or less alert. Naps should last a minimum of 10 minutes, but ideally a nap should last up to 45 minutes. Allow at least 15 minutes after waking to fully recover before starting to drive.

Short naps are more effective at restoring energy levels than coffee. Naps aimed at preventing drowsiness are generally more effective in maintaining a driver’s performance than naps taken when a person is already drowsy.

Tip #4: Avoid Medication That May Induce Drowsiness

Avoid medications that may make you drowsy if you plan to get behind the wheel. Most drowsiness-inducing medications include a warning label indicating that you should not operate vehicles or machinery during use. Some of the most common medicines that may make you drowsy are: tranquilizers, sleeping pills, allergy medicines and cold medicines.

In a recent study, 17 percent of CMV drivers were reported as having “over-the-counter drug use” at the time of a crash. Cold pills are one of the most common medicines that may make you drowsy. If you must drive with a cold, it is safer to suffer from the cold than drive under the effects of the medicine.

Tip #5: Recognize the Signals and Dangers of Drowsiness

Pay attention. Indicators of drowsiness include frequent yawning, heavy eyes and blurred vision.

Research has indicated that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of 0.08 percent, which is legally intoxicated and leaves you at equal risk for a crash. A 2005 study suggests that three out of every four CMV drivers report having experienced at least one type of driving error as a result of drowsiness.

Tip #6: Do Not Rely on “Alertness Tricks” to Keep You Awake

Behaviors such as smoking, turning up the radio, drinking coffee, opening the window and other “alertness tricks” are not real cures for drowsiness and may give you a false sense of security.

Excessive intake of caffeine can cause insomnia, headaches, irritability and nervousness.  It takes several minutes for caffeine to get into your system and deliver the energy boost you need, so if you are already tired when you first drink a caffeinated drink, it may not take effect as quickly as you might expect. In addition, if you are a regular caffeine user, the effect may be much smaller. Rolling the window down or turning the radio up may help you feel more alert for an instant, but these are not effective ways to maintain an acceptable level of alertness.

Source: DOT/FMCSA CMV Driving Tips: Driver Fatigue


30 employee handbook do’s and don’ts from the NLRB

The National Labor Relations Board (NLRB) recently released a list of rules to help employers comply with the National Labor Relations Act. Read on to learn more.


To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.

It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”

Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.

The main area of concern

Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.

The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:

  • explicitly restrict protected concerted activity, and/or
  • could be construed to restrict protected Section 7 activity.

One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.

What to say, what not to say

Here are many of the dos and don’ts highlighted by the memorandum, separated by topic:

Rules regarding confidentiality

  • Illegal: “Do not discuss ‘customer or employee information’ outside of work, including ‘phone numbers [and] addresses.'” The NLRB said, in addition to the overbroad reference to “employee information,” the blanket ban on discussing employee contact info, without regard for how employees obtain that info, is facially illegal.
  • Illegal: “Never publish or disclose [the Employer’s] or another’s confidential or other proprietary information. Never publish or report on conversations that are meant to be private or internal to [the Employer].” The NLRB said a broad reference to “another’s” information, without clarification, would reasonably be interpreted to include other employees’ wages and other terms and conditions of employment.
  • Illegal: Prohibiting employees from “[d]isclosing … details about the [Employer].” The NLRB said this is a broad restriction that failed to clarify that it doesn’t restrict Section 7 activity.
  • Legal: “No unauthorized disclosure of ‘business “secrets” or other confidential information.'”
  • Legal: “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [Employer] is cause for disciplinary action, including termination.”
  • Legal: “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”

The NLRB said the last three rules above were legal because: “1) they do not reference information regarding employees or employee terms and conditions of employment, 2) although they use the general term “confidential,” they do not define it in an overbroad manner, and 3) they do not otherwise contain language that would reasonably be construed to prohibit Section 7 communications.”

Rules regarding conduct toward the company and supervisors

  • Illegal: “[B]e respectful to the company, other employees, customers, partners, and competitors.”
  • Illegal: “Do ‘not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.'”
  • Illegal: “Be respectful of others and the Company.”
  • Illegal: “No ‘[d]efamatory, libelous, slanderous or discriminatory comments about [the Company], its customers and/or competitors, its employees or management.'”

The NLRB said the rules above were unlawfully overbroad because: “employees reasonably would construe them to ban protected criticism or protests regarding their supervisors, management, or the employer in general.”

  • Illegal: “Disrespectful conduct or insubordination, including, but not limited to, refusing to follow orders from a supervisor or a designated representative.”
  • Illegal: “‘Chronic resistance to proper work-related orders or discipline, even though not overt insubordination’ will result in discipline.”

The NLRB said the rules above, while banning “insubordination,” also ban “conduct that does not rise to the level of insubordination, which reasonably would be understood as including protected concerted activity.”

  • Illegal: “Refrain from any action that would harm persons or property or cause damage to the Company’s business or reputation.”
  • Illegal: “[I]t is important that employees practice caution and discretion when posting content [on social media] that could affect [the Employer’s] business operation or reputation.”
  • Illegal: “Do not make ‘[s]tatements “that damage the company or the company’s reputation or that disrupt or damage the company’s business relationships.”‘”
  • Illegal: “Never engage in behavior that would undermine the reputation of [the Employer], your peers or yourself.”

The NLRB said the rules above “were unlawfully overbroad because they reasonably would be read to require employees to refrain from criticizing the employer in public.

  • Legal: “No ‘rudeness or unprofessional behavior toward a customer, or anyone in contact with’ the company.”
  • Legal: “Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of [company] business.”

The NLRB said the rules above are legal because they wouldn’t lead an employee to believe they restrict criticism of the company.

  • Legal: “Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers and vendors.” The NLRB says employees would reasonably understand that this states the employer’s legitimate expectation that employees work together in an atmosphere of civility.
  • Legal: “Each employee is expected to abide by Company policies and to cooperate fully in any investigation that the Company may undertake.” The NLRB said this rule is legal because “employees would reasonably interpret it to apply to employer investigations of workplace misconduct rather than investigations of unfair labor practices or preparations for arbitration.”
  • Legal: “‘Being insubordinate, threatening, intimidating, disrespectful or assaulting a manager/supervisor, coworker, customer or vendor will result in’ discipline.” The NLRB said: “Although a ban on being  disrespectful’ to management, by itself, would ordinarily be found to unlawfully chill Section 7 criticism of the employer, the term here is contained in a larger provision that is clearly focused on serious misconduct, like insubordination, threats, and assault. Viewed in that context, we concluded that employees would not reasonably believe this rule to ban protected criticism.”

Rules regarding conduct between employees

  • Illegal: “‘[D]on’t pick fights’ online.”
  • Illegal: “Do not make ‘insulting, embarrassing, hurtful or abusive comments about other company employees online,’ and ‘avoid the use of offensive, derogatory, or prejudicial comments.'”
  • Illegal: “[S]how proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory, such as politics and religion.”
  • Illegal: “Do not send ‘unwanted, offensive, or inappropriate’ e-mails.”

The NLRB said the rules above were unlawfully overbroad because employees would reasonably construe them to restrict protected discussions with their co-workers.

  • Legal: “[No] ‘Making inappropriate gestures, including visual staring.'”
  • Legal: “Any logos or graphics worn by employees ‘must not reflect any form of violent, discriminatory, abusive, offensive, demeaning, or otherwise unprofessional message.'”
  • Legal: “[No] ‘[T]hreatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors.'”
  • Legal: “No ‘harassment of employees, patients or facility visitors.'”
  • Legal: “No ‘use of racial slurs, derogatory comments, or insults.'”

The NLRB said the rules above were legal because: “when an employer’s professionalism rule simply requires employees to be respectful to customers or competitors, or directs employees not to engage in unprofessional conduct, and does not mention the company or its management, employees would not reasonably believe that such a rule prohibits Section 7-protected criticism of the company.

SOURCE: Schappel, C. (18 July 2018) "30 employee handbook do’s and don’ts from the NLRB" (Web Blog Post). Retrieved from http://www.hrmorning.com/employee-handbook-dos-and-donts-from-the-nlrb/


5 Ways to Spot a Phishing Email

Has your organization been affected by phishing attacks? One of the most common types of online threats are phishing emails. Read this blog post to learn five ways to spot a phishing email.


A phishing attack is a form of social engineering by which cybercriminals attempt to trick individuals by creating and sending fake emails that appear to be from an authentic source, such as a business or colleague. The email might ask you to confirm personal account information such as a password or prompt you to open a malicious attachment that infects your computer with a virus or malware.

Phishing emails are one of the most common online threats, so it is important to be aware of the tell-tale signs and know what to do when you encounter them. Here are five ways to spot phishing attacks.

1. The email asks you to confirm personal information

Often an email will arrive in your inbox that looks very authentic. Whether this email matches the style used by your company or that of an external business such as a bank, hackers can go to painstaking lengths to ensure that it imitates the real thing. However, when this authentic-looking email makes requests that you wouldn’t normally expect, it’s often a strong giveaway that it’s not from a trusted source after all.

Keep an eye out for emails requesting you to confirm personal information that you would never usually provide, such as banking details or login credentials. Do not reply or click any links and if you think there’s a possibility that the email is genuine, you should search online and contact the organization directly  – do not use any communication method provided in the email.

2. The web and email addresses do not look genuine

It is often the case that a phishing email will come from an address that appears to be genuine. Criminals aim to trick recipients by including the name of a legitimate company within the structure of email and web addresses. If you only glance at these details they can look very real but if you take a moment to actually examine the email address you may find that it’s a bogus variation intended to appear authentic ‒ for example: @mail.airbnb.work as opposed to @Airbnb.com

Malicious links can also be concealed with the body of email text, often alongside genuine ones.  Before clicking on links, hover over and inspect each one first.

3. It’s poorly written

It is amazing how often you can spot a phishing email simply by the poor language used in the body of the message. Read the email and check for spelling and grammatical mistakes, as well as strange turns of phrase. Emails from legitimate companies will have been constructed by professional writers and exhaustively checked for spelling, grammar and legality errors. If you have received an unexpected email from a company, and it is riddled with mistakes, this can be a strong indicator it is actually a phish.

Interestingly, there is even the suggestion that scam emails are deliberately poorly written to ensure that they only trick the most gullible targets.

4. There’s a suspicious attachment

Alarm bells should be ringing if you receive an email from a company out of the blue that contains an attachment, especially if it relates to something unexpected. The attachment could contain a malicious URL or trojan, leading to the installation of a virus or malware on your PC or network. Even if you think an attachment is genuine, it’s good practice to always scan it first using antivirus software.

5. The message is designed to make you panic

It is common for phishing emails to instill panic in the recipient. The email may claim that your account may have been compromised and the only way to verify it is to enter your login details. Alternatively, the email might state that your account will be closed if you do not act immediately. Ensure that you take the time to really think about whether an email is asking something reasonable of you. If you’re unsure, contact the company through other methods.

Ultimately, being cautious with emails can’t hurt. Always remember this top STOP. THINK. CONNECT.™ tip:

When in doubt, throw it out: Links in emails, social media posts and online advertising are often how cybercriminals try to steal your personal information. Even if you know the source, if something looks suspicious, delete it.

SOURCE: James, M. (22 August 2018) "5 Ways to Spot a Phishing Email" (Web Blog Post). Retrieved from https://staysafeonline.org/blog/5-ways-spot-phishing-emails/


What's in a Password?

What's in a Password?

Most websites and services encrypt passwords before storing them on their servers. As a result, even if hackers were to gain access to the password, they wouldn’t have access to the actual text that makes up your password.

Once criminals gain access to an encrypted password, they can use sophisticated programs to quickly guess every combination of letters, numbers and symbols until your password is cracked. As a result, longer passwords and those that contain a large variety of characters will be very difficult for programs to guess.

However, just because effective passwords should be complex, doesn’t mean that they should be difficult to remember.

The next time you need to think of a unique password, try using a favorite song lyric or quote. This will make a password that’s long and difficult for hackers to crack, and has the added benefit of being very memorable.

Turning a simple phrase like “your guess is as good as mine” into “yourguessisasgoodasmine” actually makes for a strong, and in this case ironic, password! However, be sure to add a capital letter or special character as well to make your password that much stronger.

A Balancing Act Between Memorable and Complex

Thinking of a new password can be frustrating—every service and website seems to have different requirements about length, complexity and special characters. In order to secure yourself against hackers, it’s important to think of a password that’s both memorable and complex.

Helpful Hints

Your password will only remain secure if you take steps to protect it. Be sure to never write your password down and leave it where someone can see it. Instead, consider using a password management tool. These online services will store all of your login IDs and passwords for you, but you should do some research and make sure that the service you use is reputable.

Provided by: Hierl's Property & Casualty Experts

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What are the 25 most commonly stolen passwords?

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Oct. 15 Deadline Nears for Medicare Part D Coverage Notices

Are you ready for the Medicare Part D coverage notice deadline? Plan sponsors that offer prescription drug coverage must provide notices to Medicare-eligible individuals before October 15. Continue reading to learn more.


Plan sponsors that offer prescription drug coverage must provide notices of "creditable" or "non-creditable" coverage to Medicare-eligible individuals before each year's Medicare Part D annual enrollment period by Oct. 15.

Prescription drug coverage is creditable when it is at least actuarially equivalent to Medicare's standard Part D coverage and non-creditable when it does not provide, on average, as much coverage as Medicare's standard Part D plan.

The notice obligation is not limited to retirees and their dependents covered by the employers' plan, but also includes Medicare-eligible active employees and their dependents and Medicare-eligible COBRA participants and their dependents.

Background

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 requires group health plan sponsors that provide prescription drug coverage to disclose annually to individuals eligible for Medicare Part D whether the plan's coverage is creditable or non-creditable.

The Centers for Medicare & Medicaid Services (CMS) has provided a Creditable Coverage Simplified Determination method that plan sponsors can use to determine if a plan provides creditable coverage.

Disclosure of whether their prescription drug coverage is creditable allows individuals to make informed decisions about whether to remain in their current prescription drug plan or enroll in Medicare Part D during the Part D annual enrollment period.

Individuals who do not enroll in Medicare Part D during their initial enrollment period, and who subsequently go at least 63 consecutive days without creditable coverage (e.g., because they dropped their creditable coverage or have non-creditable coverage) generally will pay higher premiums if they enroll in a Medicare drug plan at a later date.

Who Must Receive the Notice?

The notice must be provided to all Medicare-eligible individuals who are covered under, or eligible for, the sponsor's prescription drug plan, regardless of whether the plan pays primary or secondary to Medicare. Thus, the notice obligation is not limited to retirees and their dependents but also includes Medicare-eligible active employees and their dependents and Medicare-eligible COBRA participants and their dependents.

Notice Requirements

The Medicare Part D annual enrollment period runs from Oct. 15 to Dec. 7. Each year, before the enrollment period begins (i.e., by Oct. 14), plan sponsors must notify Medicare-eligible individuals whether their prescription drug coverage is creditable or non-creditable. The Oct. 15 deadline applies to insured and self-funded plans, regardless of plan size, employer size or grandfathered status.

Part D eligible individuals must be given notices of the creditable or non-creditable status of their prescription drug coverage:

  • Before an individual's initial enrollment period for Part D.
  • Before the effective date of coverage for any Medicare-eligible individual who joins an employer plan.
  • Whenever prescription drug coverage ends or creditable coverage status changes.
  • Upon the individual's request.

According to CMS, the requirement to provide the notice prior to an individual's initial enrollment period will also be satisfied as long as the notice is provided to all plan participants each year before the beginning of the Medicare Part D annual enrollment period.

An EGWP exception

Employers that provide prescription drug coverage through a Medicare Part D Employer Group Waiver Plan (EGWP) are not required to provide the creditable coverage notice to individuals eligible for the EGWP.

The required notices may be provided in annual enrollment materials, separate mailings or electronically. Whether plan sponsors use the CMS model notices or other notices that meet prescribed standards, they must provide the required disclosures no later than Oct. 14, 2017.

Model notices that can be used to satisfy creditable/non-creditable coverage disclosure requirements are available in both English and Spanish on the CMS website.

Plan sponsors that choose not to use the model disclosure notices must provide notices that meet prescribed content standards. Notices of creditable/non-creditable coverage may be included in annual enrollment materials, sent in separate mailings or delivered electronically.

What if no prescription drug coverage is offered?

Because the notice informs individuals whether their prescription drug coverage is creditable or non-creditable, no notice is required when prescription drug coverage is not offered.

Plan sponsors may provide electronic notice to plan participants who have regular work-related computer access to the sponsor's electronic information system. However, plan sponsors that use this disclosure method must inform participants that they are responsible for providing notices to any Medicare-eligible dependents covered under the group health plan.

Electronic notice may also be provided to employees who do not have regular work-related computer access to the plan sponsor's electronic information system and to retirees or COBRA qualified beneficiaries, but only with a valid email address and their prior consent. Before individuals can effectively consent, they must be informed of the right to receive a paper copy, how to withdraw consent, how to update address information, and any hardware/software requirements to access and save the disclosure. In addition to emailing the notice to the individual, the sponsor must also post the notice (if not personalized) on its website.

Don't forget the disclosure to CMS

Plan sponsors that provide prescription drug coverage to Medicare-eligible individuals must also disclose to CMS annually whether the coverage is creditable or non-creditable. This disclosure must be made no more than 60 days after the beginning of each plan year—generally, by March 1. The CMS disclosure obligation applies to all plan sponsors that provide prescription drug coverage, even those that do not offer prescription drug coverage to retirees.

SOURCE: Chan, K.; Stover, R. (10 September 2018) "Oct. 15 Deadline Nears for Medicare Part D Coverage Notices" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/medicare-d-notice-deadline.aspx/


Construction Risk Advisor - October 2018

Preparing for Hurricane Season: 5 Tips for Contractors

The 2018 hurricane season is here, and it’s time for contractors to prepare for emergency weather situations that can not only disrupt current projects, but also hamper recovery efforts. Heavy rain and winds, surges in demand for labor and materials, and job site hazards in storm-damaged areas can create dangerous and expensive risks for contractors.

Minimize your risks during hurricane season with these five tips:

  1. Identify the potential for flooding. Take steps to prevent on-site flooding, including installing drainage systems, moving large equipment and waiting to install finished products until the building is watertight.
  2. Protect your cranes. Lower any cranes before weather events, if possible. Consult with the manufacturer or a professional engineer regarding how to best lower and secure cranes.
  3. Create an employee communications plan. Devise an action plan with a list of contact information and a log of on-site workers so you can account for everyone if a storm hits.
  4. Check your business continuity plan. Make sure employees understand their roles, and regularly review, update and test your continuity plan for business disruption.
  5. Review your insurance coverage. Work with your insurance carrier or broker to make sure your business is adequately protected.

Assess whether a project will be affected by hurricane season, and weigh the risks before agreeing to a contract. Consider whether or not you have enough qualified staff to handle the work post-storm, as well as the materials needed to complete the job, so you’re prepared in case of supply shortages.

Newsletter Provided by: Hierl's Property & Casualty Experts

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Safety Focused Newsletter - October 2018

Avoid Getting Sick at Work

It can be difficult to avoid getting sick at work, particularly if you work in close quarters. While you may not be able to avoid germs altogether, the following tips can help reduce your risk of getting sick:

  • Wash your hands. Germs can cling to many surfaces in the workplace, including elevator buttons, doorknobs and refrigerator doors. To protect yourself from illness, it’s important to wash your hands regularly, especially before you eat or after you cough, sneeze or use the restroom.
  • Keep your distance. Illnesses like the cold or flu can spread even if you aren’t in close contact with someone. In fact, experts say that the flu can spread to another person as far away as 6 feet. If you notice a co-worker is sick, it’s best to keep your distance.
  • Get a flu shot. Yearly flu shots are the single best way to prevent getting sick. Contrary to popular belief, flu vaccines cannot cause the flu, though side effects may occur. Often, these side effects are minor and may include congestion, coughs, headaches, abdominal pain and wheezing.

In addition to the above, it may be a good idea to avoid sharing phones, computers and food with your co-workers during flu season. Together, these strategies should help you stay healthy at work.

Parking Lot Safety Tips

Parking lots are common hazards for drivers and vehicles alike. Slips, falls, auto accidents, theft, harassment and assaults are just some of the risks individuals face while using parking lots.

Even the parking lots and garages at your place of employment can be dangerous. Thankfully, there are simple and effective precautions drivers can take to protect themselves and their vehicles:

  • Park in a well-lit area, preferably one with surveillance cameras and security patrol services.
  • Avoid parking near shrubbery or other areas that could conceal attackers.

  • Park as close to an exit as possible when using garages.
  • Lock your doors when leaving your vehicle.
  • Remain vigilant, and notify security or the authorities if you notice any suspicious behavior.
  • Lock all of your valuable items in your trunk and out of sight. Avoid leaving purses or wallets in your vehicle.
  • Walk confidently when leaving or returning to your vehicle. If you notice a potential threat, proceed to a safe place, like a public building or store.
  • Use the buddy system, and walk to your car with a co-worker.
  • Have your car keys ready when you near your vehicle.

Staying safe can be easy as long as you’re cautious and mindful of your surroundings.

Avoid Slips and Falls in Parking Lots:

Watch Out for Uneven Surfaces, Curbs and Potholes.

Beware of Ice During Colder Months.

Stay in Well-Lit Areas.

Walk, Don't Run.

Illnesses like colds or the flu can spread even if you aren’t in close contact with someone.

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