Compliance Recap - February 2019

February was a quiet month in the employee benefits world.

The Internal Revenue Service (IRS) released an information letter addressing when an employer may seek recoupment of contributions made to an employee’s HSA.

A U.S. District Court held that the State of Maryland could not ask for a declaration that the Patient Protection and Affordable Care Act (ACA) is constitutional and enforceable. Four states and the U.S. House of Representatives joined the appeal of the court case that held the ACA to be unconstitutional.

The Department of the Treasury, Department of Labor (DOL), and the Department of Health and Human Services (HHS) issued a request for information regarding grandfathered group health plans.

UBA Updates

UBA released one new advisor: Compliance Recap – 2018 Year in Review

UBA updated or revised existing guidance: State Guide to COBRA Supplemental Requirements

IRS Releases Information Letter on Returning HSA Contributions to an Employer

Generally, a person’s interest in a health savings account (HSA) is nonforfeitable. However, in the past, the Internal Revenue Service’s Notice 2008-59 described limited circumstances under which an employer may recoup contributions made to an employee’s HSA.

The Internal Revenue Service (IRS) recently released Information Letter 2019-0033 (Letter), clarifying that IRS Notice 2008-59 was not intended to provide an exclusive set of circumstances in which an employer can recoup contributions made to an HSA. If there is clear evidence of an administrative or process error, an employer may request that the contributions it made to an employee’s HSA be returned. This correction should put the employer and employee in the same position that they would have been in if the error had not occurred.

The Letter lists the following examples of when an employer may recoup HSA contributions:

  • An amount withheld and deposited in an employee’s HSA for a pay period is greater than the amount shown on the employee’s HSA salary reduction election.
  • An employee receives an employer contribution that the employer did not intend to contribute but the amount was transmitted because an incorrect spreadsheet is accessed or because employees with similar names are confused with each other.
  • An employee receives an incorrect HSA contribution because it is incorrectly entered by a payroll administrator (whether in-house or third-party) causing the incorrect amount to be withheld and contributed.
  • An employee receives a second HSA contribution because duplicate payroll files are transmitted.
  • An employee receives as an incorrect HSA contribution because a change in employee payroll elections is not processed timely so that amounts withheld and contributed are greater than (or less than) the employee elected.
  • An employee receives an incorrect HSA contribution because an HSA contribution amount is calculated incorrectly, such as a case in which an employee elects a total amount for the year that is allocated by the system over an incorrect number of pay periods.
  • An employee receives an incorrect HSA contribution because the decimal position is set incorrectly resulting in a contribution greater than intended.

Status of Court Case Challenging ACA Constitutionality

There is recent activity in the court case regarding the Patient Protection and Affordable Care Act’s constitutionality.

As background, in February 2018, twenty states filed a lawsuit asking the U.S. District Court for the Northern District of Texas (Court) to strike down the Patient Protection and Affordable Care Act (ACA) entirely. The lawsuit came after the U.S. Congress passed the Tax Cuts and Jobs Act in December 2017 that reduced the individual mandate penalty to $0, starting in 2019.

On December 14, 2018, the Court issued a declaratory order that the individual mandate is unconstitutional and that the rest of the ACA is unconstitutional. The Court granted a stay of its December 2018 order, which prohibits the order from taking effect while it is being appealed in the Fifth Circuit Court of Appeals (appeals court).

On February 1, 2019, the U.S. District Court for the District of Maryland held that the State of Maryland could not ask for a declaration that the ACA is constitutional and enforceable because the federal government will continue to enforce the ACA while the appeal proceeds.

On February 14, 2019, the appeals court granted the U.S. House of Representatives’ request to intervene as a party to the lawsuit to defend the ACA. Also, on February 14, the appeals court granted the request of the states of Colorado, Iowa, Michigan, and Nevada to intervene as parties to the lawsuit to defend the ACA. The appeals court denied these intervenor states’ request for expedited briefing. The federal government’s brief is due on March 25, the twenty states’ brief is due on April 24, and reply briefs are due on May 15.

Agencies Issue Request for Information on Grandfathered Health Plans

On February 25, 2019, the Department of the Treasury, Department of Labor (DOL), and Department of Health and Human Services (HHS) (collectively, the Departments) issued a request for information (RFI) regarding grandfathered group health plans. The RFI contains two sets of questions concerning: (1) maintaining (or relinquishing) grandfathered status and (2) general information about grandfathered group health plans and group health insurance coverage.

As background, under the ACA, group health plans that were in existence on March 23, 2010, are excused from some of the ACA’s requirements. Under the Departments’ prior guidance, certain changes can cause a plan to lose its grandfathered status.

The RFI is intended to help the Departments understand issues related to grandfathered health plans and to estimate the impact of any potential changes to the rules governing group health plans’ retention of grandfathered status. The RFI also seeks to determine whether there are opportunities for the Departments to assist group health plans with maintaining grandfathered status.

Question of the Month

Q: When must IRS reporting Forms 1094-C, 1095-C, 1094-B, and 1095-B be electronically filed for the 2018 calendar year?

A: If filing electronically, Forms 1094-C, 1095-C, 1094-B, and 1095-B must be filed by April 1, 2019. Employers may file Form 8809 to receive an automatic 30-day extension of this due date for forms due to the IRS. Form 8809 must be filed by April 1, 2019 for employers that are filing electronically.

3/1/2019


Today’s workforce never learned how to handle personal finances

A proposed bill in South Carolina would require all students to take a personal finance course before they graduate. Read on to learn how this proposal could help today's workforce learn how to handle personal finances.


A bill was recently proposed in the South Carolina state legislature to require all students to take a half-credit personal finance course and pass a test by the end of the year in order to graduate.

This proposed legislation could prove to be a breakthrough idea because frankly, much of the high school-educated—or even college-educated—workforce has never had a formal education on how to take care of their personal finances, pay off their student loans, open an appropriate retirement account, select an insurance provider or generally prepare for personal financial success.

Without taking these now-required personal finance classes in high school, how is the current workforce expected to learn how to stay afloat and become financially stable?

For those in other states or for individuals who are past high school, the most logical solution for solving this problem is to put the onus on employers and business owners to teach their employees how to properly handle their financial well-being.

Having a staff full of financially prepared employees is in any businesses’ own interest, and there are statistics to show it. Numerous research studies have proven that companies with robust employee financial wellness programs are more productive because employees don’t have to spend company time handling personal financial problems. This results in an average three-to-one return for the organization on their financial wellness investment, according to studies from the Cambridge Credit Counseling Corp.

Employees who practice good financial wellness are also proven to stay with the company longer, be more engaged at work, less stressed and healthier—all of which add significant dollars to a company’s bottom line.

While understanding that HR, executives, and accounting have little time to spend teaching lessons in the workplace, how does a company go about offering financial wellness information to their employees?

There are several options available to companies when it comes to financial wellness. One of the most sought-after benefits in recent years is online financial wellness platforms that digitize the financial education process. This allows employees to work on their financial education on their own time from the privacy of their home computer, using a friendly and simple interface. And benefits solutions providers have access to a number of these resources – all companies need to do is inquire with their provider.

It is important to remember that not all financial wellness platforms are created equal in what they offer. Depending on the specific needs of an organization, they should assess the offerings available through each service provider to ensure they receive the program they intend to offer to their employees. Most platforms offer partial solutions and tools that could include financial assessments, game-based education, budgeting apps, student loan assistance, insurance options, savings programs, and even credit resources to help those who don’t have money saved to afford an emergency cost.

Not everyone goes to school to learn accounting, so we can’t assume that everyone knows what they are doing when it comes to personal finances. South Carolina is taking a major and important step towards improving their citizen’s futures by suggesting everyone take a personal finance course in high school. This could have a massive and positive effect on the economy in the future.

Finding a financial wellness solution that checks most, if not all, of these boxes will enable employees to take the initiative to either continue what they’ve learned (in the case of South Carolina students) or start down the path of gaining financial independence. Implementing a complete financial wellness toolset to give employees the ability to prepare for financial success is a huge step towards significantly increasing productivity.

As an engaged employer who cares about the well-being of their employees, it is important to offer as many resources as possible to encourage employees to stay financially well, decrease stress, and increase productivity in the workplace.


Hot tips for winter driving

Wintry conditions can make it hard for drivers to see and even harder to control the vehicle, making driving nerve-wracking even for the best drivers. Continue reading this blog post from UBA for tips on winter driving.


Driving in wintry conditions can be nerve-wracking even for the best drivers. Snow, fog,  and black ice can make it hard to see and even harder to control your vehicle. But if you follow some basic tips, you’ll be more likely to keep your cool and get to your destination without mishap.

Before you hit the road

First things first: Make sure your vehicle is in tip-top condition. And don’t wait till the last minute to do this, in case mechanics find issues that need repairs or need to order in parts. Check the battery, lights, cooling system, tires, windshield wipers and defrosters to make sure everything’s working correctly.Be ready for possible emergencies. Carry a shovel, ice scraper, flashlight, jumper cables, emergency flares or markers, blankets, cell phone charger, snacks and water.

Plan your route carefully, keeping weather and construction in mind. If you’re using GPS, make sure you input your destination before you leave. And let someone know your route and what time you expect to arrive.

Safety strategies

  • Be well-rested before you go.
  • Keep the gas tank at least half-full.
  • Don’t use cruise control when it’s slippery due to snow, ice or rain.
  • Drive slowly according to road conditions and traffic. Keep a longer following distance between you and the car ahead of you (a normal distance is three to four seconds; increase this to eight to ten).
  • If you’re stuck in the snow, stay with your vehicle. Don’t try to walk in search of help. Tie a bright piece of loth to the antenna or hang a piece of cloth from the closed window to try to attract attention. It’s OK to keep the dome light on. It won’t wear down your battery and will make your car more visible. Run the heater for short periods till the car is warm, and then turn it off to save gas. Always make sure the exhaust pipe is clear of sow or ice!
  • Accelerate slowly. Steer in the direction of a skid. Brake gradually with steady pressure. (If you don’t have anti-lock brakes, you might need to pump the brake pedal.)
  • Stay out of the way of snow plows. Their field of vision is limited.

And always…

Always use your seat belt and make sure children are in car seats that are installed correctly. Don’t text and drive and avoid other distractions whenever possible. And never, ever drink and drive.

If playing it safe means arriving at Grandma’s a little late, so be it. Arriving safe, sound and healthy is what’s important.

 

Sources:

AAA Minneapolis. Drive to Survive this Winter Season. https://minneapolis.aaa.com/news/drive-survive-winter-season.   Accessed 9/11/18

National Highway Traffic Safety Administration. Winter driving tips.

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/winter-driving-tips.pdf   Accessed 9/11/18

American Automobile Association. Winter driving tips.

https://exchange.aaa.com/safety/driving-advice/winter-driving-tips/#.W5gPtjbfPtQ   Accessed 9/11/18

SOURCE: Olson, B. (7 March 2019) "Hot tips for winter driving" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/hot-tips-for-winter-driving


Insurance Commission Urges Wisconsinites to Evaluate Flood Insurance Needs Before the Snow Melts

Insurance Commission Urges Wisconsinites to Evaluate Flood Insurance Needs Before the Snow Melts

Madison, Wis. — The Wisconsin Office of the Commissioner of Insurance (OCI) is urging residents to evaluate their flood insurance coverage now as the National Weather Service predicts temperatures across Wisconsin will rise later this week. With rising temperatures comes the possibility of snowmelt-related flooding. The Federal Emergency Management Agency (FEMA)1 noted late last month that Wisconsin’s flood risk is above normal to well-above normal throughout March and April.

“I think it’s fair to say that most Wisconsinites are ready for winter to be over,” said Insurance Commissioner Mark Afable. “But while we’re waiting for temperatures to rise, home and business owners should review their insurance policies to make sure they have appropriate coverage.

“If you purchase flood insurance, the policy does not go into effect for 30 days,”2 explains Afable. “Consider flood insurance now as an important protection against this type of peril.”

The U.S. Army Corps of Engineers is closely monitoring the Fox River between Wrightstown and DePere, the Wolf River, and the Menominee River for ice jams and flooding3 , while the National Weather Service in La Crosse is warning residents along the Mississippi River and its tributaries of an above-normal flood risk through May due to runoff from snowpack and deeply frozen ground.4 River ice jams occur when ice breaks up quickly in thawing temperatures and large, flowing ice chunks collect and create a dam, triggering area floods.

Not only will mountains of snow across the state melt into inches of water, saturated soil in many areas from late summer/early fall flooding leaves nowhere for that water to go.5

Public works departments are asking residents to help by clearing snow and ice from storm drains and grates. Homeowners should remove snow from the roof using a roof rake or push broom, make sure vents around the home are not covered by snow, and check that their sump pump is working properly. Clearing snow piles away from the home or building can also help prevent water seepage through the foundation.

Most homeowner’s policies do not cover flooding or seepage through the foundation. A separate flood insurance policy sold through the National Flood Insurance Program (NFIP) and managed by FEMA is necessary for this coverage. Visit https://www.floodsmart.gov/ to learn more about flood insurance.

Damage from sewer backup or sump pump overflow is not covered by standard homeowner’s insurance or flood insurance. The purchase of a special homeowner’s policy endorsement is required for this type of coverage. Contact your insurance agent to find out more about special endorsements and riders for expanded coverage.

  • Floods are the nation’s most common natural disaster.6
  • Just one inch of water can cause $25,000 of damage to your home.
  • More than 20 percent of flood insurance claims come from outside high-risk areas.7
  • Generally, water coming from the top down, such as burst fire sprinklers and ice dam seepage behind drywall, is covered by standard homeowner’s policies. Water coming from the bottom up, such as foundation seepage from snowmelts, is not.8

Created by the Legislature in 1870, Wisconsin’s Office of the Commissioner of Insurance (OCI) was vested with broad powers to ensure that the insurance industry responsibly and adequately met the insurance needs of Wisconsin citizens. Today, OCI’s mission is to lead the way in informing and protecting the public and responding to its insurance needs.

For more information contact Olivia Hwang, Director of Public Affairs, (608) 267-9460 or olivia.hwang@wisconsin.gov

###

SOURCE: Wisconsin Office of the Commissioner of Insurance (5 March 2019) “Insurance Commission Urges Wisconsinites to Evaluate Flood Insurance Needs Before the Snow Melts” (Press Release). Retrieved from https://oci.wi.gov/Pages/PressReleases/20190305PRSnowmelt.aspx


Hospital pricing transparency: More information, more confusion?

A new ruling on hospital pricing transparency now requires that hospitals provide a list of their prices for all of the services and medications they provide. Continue reading this blog post to learn more about this ruling.


As of the first of this year, a new rule is in effect that requires hospitals to list the price for all the services they provide and medications they prescribe for patients while they’re in the hospital. In theory, this should give patients more information that can help them decide where it makes the most economic sense to receive hospital care. In actuality, while there’s a wealth of new data available, it can be difficult to find — and nearly impossible for people outside the healthcare industry to understand.

The document that aggregates the price information is called a chargemaster, and it can contain tens of thousands of entries. The new rule doesn’t require that the information be written in plain language, only that it be machine readable, so much of the data reads like it’s in a yet-to-be-discovered language. For example, if you download Memorial Sloan Kettering’s chargemaster, you’ll find an Excel spreadsheet that contains 13,088 entries such as “CAP MALE/FEMALE RAIL, $765” and “BX SUBCUT SKIN/INC, $1,771.” Even if a patient puzzles out the meaning of these abbreviations, the prices listed are different from the lower fees that insurers negotiate, so estimating how much you would pay for care is complicated at best and impossible at worst.

The goal of the hospital pricing transparency rule is to help patients understand the cost of their care and choose more wisely when deciding where to receive that care. Unfortunately, the information that is now available adds to the confusion and doesn’t help patients make one-to-one price comparisons when choosing where to receive care. In addition, the rule only covers care delivered by a hospital, so patients don’t have the information they need to make price comparisons for services performed in doctor’s offices, urgent care facilities, diagnostic test sites and outpatient surgical centers.

Though the new rule generally doesn’t help employees, employers can.

Even if price transparency doesn’t help workers better understand the cost of care and choose where to receive that care, there are strategies and resources that employers can provide to help their employees make more informed decisions about healthcare. Here are some of them.

Second opinions. Wrong diagnoses, inappropriate treatments (treatments that don’t meet the evidenced-based standard of care) and medical errors all drive up healthcare costs for both employers and employees and can lead to poorer health outcomes. One strategy to lower the risk of these types of problems is providing employees with streamlined access to second opinions from experienced physicians.

A second opinion can confirm or change an employee’s diagnosis, suggest other treatment options and pinpoint misdiagnoses, especially in the case of serious and complex conditions like cancer, autoimmune disease and back and joint problems. In fact, a Mayo Clinic study found that 88% of people who sought a second opinion from the hospital’s physicians for a complex medical condition received a new or refined diagnosis. Employers can make second opinions available to employees through several channels, including a health insurance plan or as a standalone benefit.

Care coordination. Duplicate testing and medical care is another source of wasted healthcare dollars. When communication between healthcare providers is inconsistent or medical records aren’t updated and shared among all treating physicians, employees may undergo repeat testing — for example, when a primary care physician and a cardiologist both order a cardiac stress test for a patient with shortness of breath. Employers can offer care coordination through a case manager for employees who are living with multiple health conditions.

This support can lower the risk of duplicative testing as well as duplicate prescriptions or medications that can result in interactions, which can put an employee’s health needlessly at risk. Another piece of this equation is the review and coordination of medical records, which is especially important when employees see multiple physicians. A medical records management service should include a review of the employee’s records by an RN or physician, consolidation of a comprehensive medical record, and the creation of a secure electronic medical record that can be shared with the employee’s permission with all treating physicians.

Guidance on where to receive care. While you can undergo a colonoscopy, medication infusion or a range of common surgical procedures at a hospital, that may not always be the most appropriate or cost-effective place to receive care. By offering employees the ability to talk with a care manager or adviser about the procedure they need and the options for where they can receive that care (a hospital, outpatient surgery center or doctor’s office), employers can help them receive the care they need and lower both claims costs and employee out-of-pocket costs.

Medical bill review. Another resource employers can offer to make sure healthcare costs are carefully managed is a medical bill review. Experts estimate that between 30% and 80% of medical bills contain errors that increase costs. There are many different causes of these errors, including the use of the incorrect billing codes and use of out-of-network healthcare providers. In addition to offering employees the services of a medical billing review and negotiation firm, they can provide education that lets employees know what types of errors are commonly made and how to spot them on their own bills.

SOURCE: Varn, M. (13 February 2019) "Hospital pricing transparency: More information, more confusion?" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/hospital-pricing-transparency-more-information-more-confusion?brief=00000152-14a5-d1cc-a5fa-7cff48fe0001


Don’t Forget to Post OSHA Injury and Illness Data at Your Worksite

Employers must post a summary of 2018 work-related injury and illnesses in a noticeable place from Feb. 1 to April 30 if they are covered by the Occupational Safety and Health Administration's (OSHA's) record-keeping rule. Read on to learn more.


Employers that are covered by the Occupational Safety and Health Administration's (OSHA's) record-keeping rule must post a summary of 2018 work-related injury and illnesses in a noticeable place from Feb. 1 to April 30. Here are some compliance tips for employers to review.

Required Posting

Many employers with more than 10 employees—except for those in certain low-risk industries—must keep a record of serious work-related injuries and illnesses. But minor injuries that are treated only by first aid do not need to be recorded.

Employers must complete an incident report (Form 301) for each injury or illness and log work-related incidents on OSHA Form 300. Form 300A is a summary of the information in the log that must be posted in the worksite from Feb. 1 to April 30 each year.

"This information helps employers, workers and OSHA evaluate the safety of a workplace, understand industry hazards, and implement worker protections to reduce and eliminate hazards," according to OSHA's website.

Employers should note that they are required to keep a separate 300 log for each "establishment," which is defined as "a single physical location where business is conducted or where services or industrial operations are performed."

If employees don't work at a single physical location, then the establishment is the location from which the employees are supervised or that serves as their base.

Employers frequently ask if they need to complete and post Form 300A if there were no injuries at the relevant establishment. "The short answer is yes, " said Tressi Cordaro, an attorney with Jackson Lewis in Washington, D.C. "If an employer recorded no injuries or illnesses in 2018 for that establishment, then the employer must enter 'zero' on the total line."

Correct Signature

Before the OSHA Form 300A is posted in the worksite, a company executive must review it and certify that "he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete," according to OSHA.

A common mistake seen on 300A forms is that companies forget to have them signed, noted John Martin, an attorney with Ogletree Deakins in Washington, D.C.

There are only four company representatives who may certify the summary:

  • An owner of the company.
  • An officer of the corporation.
  • The highest-ranking company official working at the site.
  • The immediate supervisor of the highest-ranking company official working at the site.

Businesses commonly make the mistake of having an HR or safety supervisor sign the form, said Edwin Foulke Jr., an attorney with Fisher Phillips in Atlanta and Washington, D.C., and the former head of OSHA under President George W. Bush.

They need to get at least the plant manager to sign it, he said, noting that the representative who signs Form 300A must know how numbers in the summary were obtained.

Once the 300A form is completed, it should be posted in a conspicuous place where other employment notices are usually posted.

Electronic Filing

The Improve Tracking of Workplace Injuries and Illnesses rule requires covered establishments with at least 20 employees to also electronically submit Form 300A to OSHA.

Large establishments with 250 or more employees were also supposed to begin electronically submitting data from the 300 and 301 forms in 2018, but the federal government recently eliminated that requirement. However, those establishments still must electronically submit their 300A summaries.

The deadline to electronically submit 2018 information is March 2.

SOURCE: Nagele-Piazza, L. (1 February 2019) "Don’t Forget to Post OSHA Injury and Illness Data at Your Worksite" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/don%E2%80%99t-forget-to-post-osha-injury-and-illness-data-at-your-worksite.aspx/


New analytics tool helps employers dig deep into turnover trends

Wondering what might be causing issues with your hiring and talent retention? A new analytics tool aims to help employers troubleshoot employee turnover. Read on to learn more.


One HR software provider is aiming to help employers better understand why workers fly the coop.

Namely has added a machine learning and data analytics product to its suite of offerings for HR departments, the company said Wednesday. Its tool, dubbed Benchmarking Package, allows HR teams at midsize employers to take a deeper dive into what might be causing issues with a company’s hiring and talent retention.

The machine learning technology distills company turnover data and compares it to information from similar employers in the system, says Eric Knudsen, manager of people analytics at Namely. The comparison data is taken from the more than 1,000 employers and 175,000 employees using Namely’s platform.

“Midsize companies who have historically lacked the skills to uncover these insights are getting a new view on the workplace that they’re building,” he says.

The turnover data is anonymous.

Reviewing termination data can give employers insight into the types of employees who are leaving and potentially lead to broader insights on workplace diversity. It also can help employers better understand how they stack up against the competition and whether the company has a healthy turnover rate, Namely says.

Lorna Hagen, chief people officer at Namely, says information like this can help employers get a sense of issues that may arise in the future.

“If I’m seeing pockets of people come from a certain area of work background with higher levels of attrition, what does that mean to my recruiting strategy; what does that mean to my product strategy? It impacts how you think about your company’s future,” she says.

HR departments are placing a higher value on data analytics, and HCM software developers are taking note. For example, Paychex recently added a data analytics feature to Paychex Flex, its HCM and payroll administration platform. The feature also provides users with data on hiring and turnover trends, and companies can anonymously compare data with similar employers.

During beta testing of Namely’s benchmarking product, Knudsen says the company was able to identify certain trends by looking at employer data. In particular, he says, Namely found a notable uptick in job abandonment, or ghosting. The rates of abandonment were higher for companies in the retail and real estate industries, he says, and lower for those in the non-profit sector. The company also found that managers with eight or more direct reports had higher rates of turnover.

Hagen says that employers who look at granular data are better able to understand why workers are leaving, which can help them take steps to reduce turnover immediately.

“It’s a much more interesting conversation, quantifying what is happening with your people,” she says. “The rolling 12 month turnover rate is an interesting metric but it’s not actionable. The ability to look by level or by department — those are ways to start thinking about action.”

Namely says the benchmarking package is available to all current clients, including identity access management provider OneLogin, retailer Life is Good, financial services company The Motley Fool and recruiter software company JazzHR. The price of the product varies based on company size, but typically varies per employee per month.

SOURCE: Hroncich, C. (16 January 2019) "New analytics tool helps employers dig deep into turnover trends" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/new-analytics-tool-helps-employers-dig-deep-into-turnover-trends?feed=00000152-a2fb-d118-ab57-b3ff6e310000


Compliance Recap - December 2018

December was a relatively quiet month in the employee benefits world.

A U.S. District Court issued an order declaring that the Patient Protection and Affordable Care Act (ACA) is unconstitutional. The Equal Employment Opportunity Commission (EEOC) issued two final rules to remove certain wellness program incentives. The Department of Labor (DOL) updated its Form M-1 filing guidance for association health plans.

UBA Updates

UBA updated or revised existing guidance:

U.S. District Court Declares ACA Unconstitutional

On December 14, 2018, the U.S. District Court for the Northern District of Texas (Court) issued a declaratory order in ongoing litigation regarding the individual mandate and the Patient Protection and Affordable Care Act (ACA). The Court declared that the individual mandate is unconstitutional and declared that the rest of the ACA – including its guaranteed issue and community rating provisions – is unconstitutional.

The Court did not grant the plaintiffs’ request for a nationwide injunction to prohibit the ACA’s continued implementation and enforcement. The Court’s declaratory judgment simply defined the parties’ legal relationship and rights under the case at this relatively early stage in the case.

On December 16, 2018, the Court issued an order that requires the parties to meet and discuss the case by December 21, 2018, and to jointly submit a proposed schedule for resolving the plaintiffs’ remaining claims.

On December 30, 2018, the Court issued two orders. The first order grants a stay of its December 14 order. This means that the court’s order regarding the ACA’s unconstitutionality will not take effect while it is being appealed. The second order enters the December 14 order as a final judgment so the parties may immediately appeal the order.

On December 31, 2018, the Court issued an order that stays the remainder of the case. This means that the Court will not be proceeding with the remaining claims in the case while its December 14 order is being appealed. After the appeal process is complete, the parties are to alert the Court and submit additional court documents if they want to continue with any remaining claims in the case.

At this time, the case’s status does not impact employers’ group health plans. However, employers should stay informed for the final decision in this case.

Read more about the court case.

EEOC Issue Final Rules to Remove Wellness Program Incentive Limits Vacated by Court

On December 20, 2018, the Equal Employment Opportunity Commission (EEOC) issued two final rules to remove wellness program incentives.

As background, in August 2017, the United States District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission (EEOC) failed to provide a reasoned explanation for its decision to allow an incentive for spousal medical history under the Genetic Information Nondiscrimination Act (GINA) rules and adopt 30 percent incentive levels for employer-sponsored wellness programs under both the Americans with Disabilities Act (ADA) rules and GINA rules.

In December 2017, the court vacated the EEOC rules under the ADA and GINA effective January 1, 2019. The EEOC issued the following two final rules in response to the court’s order.

The first rule removes the section of the wellness regulations that provided incentive limits for wellness programs regulated by the ADA. Specifically, the rule removes guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that ask them to respond to disability-related inquiries or undergo medical examinations.

The second rule removes the section of the wellness regulations that provided incentive limits for wellness programs regulated by GINA. Specifically, the rule removes guidance that addressed the extent to which an employer may offer an inducement to an employee for the employee’s spouse to provide current health status information as part of a health risk assessment (HRA) administered in connection with an employee-sponsored wellness program.

Both rules will be effective on January 1, 2019.

Read more about the EEOC’s final rules.

DOL Updates Form M-1 Filing Guidance for Association Health Plans

On December 3, 2018, the Department of Labor (DOL) published its “10 Tips for Filing Form M-1 For Association Health Plans And Other MEWAs That Provide Medical Benefits” that provides plan administrators with information on when to file and how to complete portions of Form M-1.

The DOL emphasizes that all multiple employer welfare arrangements (MEWAs) that provide medical benefits, including association health plans (AHPs) that intend to begin operating under the DOL’s new AHP rule, are required to file an initial registration Form M-1 at least 30 days before any activity including, but not limited to, marketing, soliciting, providing, or offering to provide medical care benefits to employers or employees who may participate in an AHP.

Read more about the DOL guidance.

Question of the Month

Q: If an employee must increase the hours of childcare needed because the employee changes work schedules, may the employee increase the DCAP amount that the employee elects?

A: Yes, increasing the hours of childcare is a permitted election change event that would allow an employee to increase the employee’s DCAP election amount consistent with the change in childcare cost.

**This information is general and is provided for educational purposes only. It is not intended to provide legal advice. You should not act on this information without consulting legal counsel or other knowledgeable advisors.


Call today, work tomorrow: The future of hiring?

What’s in store for the future of hiring employees? A recent article from the Wall Street Journal states that more and more employees are being hired without a formal face-to-face interview. Continue reading to learn more.


You just called a prospective candidate with a job offer, and they accepted. Pretty standard procedure — except you won’t meet the new hire until their first day of work.

In a hot job market, more workers are being hired without ever doing a formal face-to-face interview, according to a recent article in the Wall Street Journal. Hiring agencies and HR professionals are hearing more and more about hiring sight unseen, and the reviews are mixed. Agencies say it’s a fast and more efficient way to hire, while some HR professionals argue there’s no substitute for human interaction.

“We basically advertised jobs as call today, work tomorrow,” says Tim Gates, senior regional vice president of Adecco Staffing, which recently filled 15 openings without a formal in-person interview. “It makes it convenient for everybody involved.”

Adecco Staffing uses a digital hiring platform to prescreen candidates before setting up phone interviews. Applicants who ace the 20-minute phone conversation will likely be placed at a job site contracting Adecco. Gates says the practice gives his staffing agency a competitive edge by hiring people before they accept another position. He also believes this fast, straightforward approach is more attractive to job seekers seeking immediate employment.

Adecco hires sight unseen for entry level, manufacturing and specialized positions — like graphic design. They’re not alone. Susan Trettner, founder and director of direct hire placement firm Talent Direct 360, works with industries across the board but often hires workers for engineering, IT, HR, sales and marketing roles. Trettner says hiring without meeting a candidate is becoming more commonplace, especially for retail and e-commerce employers who have to hire large numbers of workers.

“Making a hiring determination over the phone is acceptable, and I think a lot of companies are doing that,” she says.

During the holidays, for example, retailers may not have the time to interview hundreds of candidates for a position, Trettner says. But, she adds, many companies that hire employees without meeting in person often have a “game plan” for onboarding that gets workers quickly up to speed on what they will be doing on the job. Making the hiring process more efficient is better for everyone, she says.

“It all comes down to filling the positions so they can remain productive,” she says.

Trettner says she would consider hiring workers without meeting them, but at the end of the day, it’s up to the employer client. If a client, for example, needs 300 new workers in a short period of time, Trettner says she would suggest they consider expediting the hiring process a bit to help save money and time.

“I open them up to anything I think is efficient,” she adds.

Some organizations would rather take extra time choosing candidates. Kathleen Sheridan, associate director of global staffing for Harvard Business Publishing, says she knows from 20 years of experience that phone interviews can’t tell you everything about a person. She once sat down with three candidates for a sales position; they all performed well during a phone interview, but completely fumbled while answering questions during a sit-down meeting. None of them were hired, Sheridan said.

“You can come across as a completely different person over the phone,” Sheridan says. “As cumbersome as interview process can be, the value of bringing people in and allowing them to see you is worth it.”

As someone who works with people on a daily basis, Sheridan says she would be distrustful of any job offer from someone she’s never met. She says higher-level executives at Harvard Business Publishing will travel out of the country to meet with prospective hires.

“A decision to join a company is emotional as well as very practical. I think you need to give people a chance to check their emotional response and get a feel for the culture and vibe,” Sheridan says. “I would ask myself, ‘what is it about your organization that you would deny me the opportunity to meet the people who are in the headquarters of this company that I’m going to represent?’”

Peg Buchenroth, HR director of employment agency Addison Group, says most of her clients request in-person interviews for job placements in the IT, engineering, healthcare and finance accounting industries. She says it’s unlikely to change.

“It’s maybe more common in the seasonal retail industry for the holiday season. For our types of positions, there’s no reason not to interview when we have the ability to do Skype interviews,” Buchenroth says.

SOURCE: Webster, K. (5 December 2018) "Call today, work tomorrow: The future of hiring?" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/call-today-work-tomorrow-the-future-of-hiring?brief=00000152-14a7-d1cc-a5fa-7cffccf00000


New resource offers guidance on digital tools for diabetes management

Are you considering implementing digital diabetes tools or solutions in your employer-sponsored benefits? Read this blog post for the Northeast Business Group on Health’s updated guide on diabetes management tools.


The Northeast Business Group on Health has updated its “Digital Tools and Solutions for Diabetes: An Employer’s Guide,” to include both enhanced and new solutions—and promising future innovations—to help employers help their workers better manage their diabetes, lower costs and ultimately save more lives.

“Employers are well aware of the costs associated with diabetes in their employee and dependent populations—they continue to indicate this is a top concern and are increasingly aware of the links between diabetes and other chronic and debilitating health conditions, including cardiovascular disease,” says Candice Sherman, CEO of NEBGH.

The market for digital diabetes prevention and management solutions continues to mature since the group published its first guide in 2016, Sherman says. The updated guide provides a detailed checklist of the features and functionalities of the digital tools available now to manage diabetes, as well as information on several unique and innovative digital diabetes solutions that are being targeted to employers but were not part of NEBGH’s research, including Proteus Discover, BlueLoop and do-it-yourself programs.

“Proteus Discover is comprised of ingestible sensors, a small wearable sensor patch, an application on a mobile device and a provider portal,” the guide cites the provider. “Once activated, Proteus Discover unlocks never-before-seen insight into patient health patterns and medication treatment effectiveness, leading to more informed healthcare decisions for everyone involved.”

“BlueLoop is the one and only tool that allows kids and their caregivers to log and share diabetes information—both online and with the app—in real time, via instant e-mail and text message, giving peace of mind to parents,more class time for students and fewer phone calls and paper logs for school nurses,” the provider tells NEBGH. “Online, parents can share real-time BG logs with their clinicians, who can see logs (in the format they prefer), current dosages and reports, all in one place.”

The guide also hints at promising future innovations:

“Technology is constantly evolving: by connecting sensors, wearables and apps, it is increasingly possible to pool and leverage data in innovative ways to provide timely interventions so that people with diabetes can be truly independent and effectively self-manage their care,” the authors write.

The guide lists a hypothetical scenario: A person with diabetes enters a restaurant where a GPS sensor identifies the location, reviews the menu and proposes the best choices based on caloric and carbohydrate content. The technology also proposes and delivers a rapidly acting insulin bolus dose based on the person’s exercise level that day and prior experiences when eating similar meals.

Also included are key questions for employers considering implementing digital diabetes tools or solutions, including:

  •  What does the company want to achieve with a digital tool?
  • How much is the company willing to pay?
  • How will success be measured?
  • How will digital solutions and tools be marketed to employees and their families?
  • What privacy issues need to be addressed when tools or solutions are implemented?

“Digital health tools hold the promise of improved health outcomes and reduced health care expenses through improved engagement, better collaboration and sustained behavior change,” says Mark Cunningham-Hill, NEBGH’s medical director. “However, digital diabetes solutions are not a panacea. Employers will need to address several obstacles such as the difficulty of recruitment and enrollment, lack of sustained employee engagement and the cost of deployment of digital solutions. This can be accomplished through careful planning and learning from other employers that have successfully implemented these tools.”

SOURCE: Kuehner-Hebert, K. (4 December 2018) "New resource offers guidance on digital tools for diabetes management" (Web Blog Post). Retrieved from https://www.benefitspro.com/2018/12/04/new-resource-digital-tools-for-diabetes-management/