BenefitsBuzz

 

DID YOU KNOW?

A new survey from the National Business Group on Health reveals that many employees are reluctant to receive benefits communications through social media channels.

The majority of employees said they were not interested in receiving employer-provided benefits or wellness information via social media. These workers would prefer their employers stick to traditional communication methods such as e-mail and home mailings.

HCR Open Enrollment Checklist

Many provisions of the health care reform legislation go into effect on the first day of the plan years beginning on or after September 23, 2010. Use this checklist to ensure compliance for your health plan.

- Determine if you have a grandfathered plan

For non-grandfathered plans only:

1. Amend plan to cover recommended preventive services
2. Create or update your claims appeal process to comply with new requirements
3. If fully-insured, amend plan to eliminate impermissible discrimination in favor of highly compensated employees
4. Amend plan to include patient protections
5. Amend plan to cover dependents up to age 26

For all plans:

1. Amend plan to eliminate lifetime limits
2. Eliminate or restrict annual limits on essential benefits
3. Eliminate pre-existing condition exclusions for children under age 19
4. If your plan includes an FSA, HRA, HSA or Archer MSA, amend it to reflect new requirements for those medical accounts
5. Incorporate new rules regarding rescissions in coverage
6. Provide a 30-day special enrollment opportunity for adult children up to age 26 eligible for coverage (if applicable)
7. Provide a 30-day special enrollment opportunity to individuals who had previously reached the lifetime limit

Required participant notices:

1. If you have a grandfathered plan, you must indicate that status in plan materials
2. Notice that dependent coverage eligibility has been extended up to age 26
3. Notice to those affected by a lifetime limit
4. Notice to those in non-grandfathered plans regarding new patient protections
5. Notice addressing new rules for OTC drugs and medical accounts
6. Notice regarding new appeals process (for non-grandfathered plans)
7. Going forward, provide 30-day written notice of any rescission in coverage

Protect Against Rising ADA Lawsuits

Since the ADA Amendments Act of 2008 (ADAAA) went into effect, there has been a considerable rise in ADA-related lawsuits. This is due to the expanded definition of “disability” under the ADAAA, which increases the number of employees covered under the ADA. Also, the ADAAA shifted emphasis from whether the employee is disabled to how the employer should accommodate the employee.

You can limit your company’s liability regarding ADA-related claims by taking these steps:

1. Make sure your policies and practices are compliant with ADAAA’s regulations.
2. Train your HR personnel and managers regarding ADAAA, namely regarding accommodation issues.
3. Ensure all job descriptions include the “essential functions” of the position. 

This entry was posted on Tuesday, August 31st, 2010 at 1:00 am and is filed under Newsletters.