Will the Affordable Care Act raise or lower workers’ compensation rates?

While doing research for the Affordable Care Act (ACA) I stumbled upon an article about workers’ compensation.  As a Risk Manager my first love is naturally workers’ compensation so I eagerly dived into the Rand Corporation’s study entitled, The Impact of Health Care Reform on Workers’ Compensation Medical Care.  In my experience, conventional wisdom among my peers in Risk Management is that employees with health insurance have lower workers’ compensation claim losses.  I share this preconception which is often reinforced when I see employees that do not have health insurance file workers’ compensation claims that probably did not happen on the job.  One of the many examples that come to mind is a hernia with a highly suspect set of facts.  The worker with the hernia also had a wife and newborn but did not yet have health insurance.  It was certainly within the realm of possibilities that a workers’ compensation claim was a way this employee could get treatment and keep his new job.

Social Media in the Workplace

Social Media, the means by which individuals may post personal messages, photos and videos to the web, has exploded as a means of electronic communication.  Whereas this efficient, ever-present medium has magnified the concept of in the moment connectivity and communication, its impact on workplace policies as well as how organizations conduct business correspondence and advertising has becoming encompassing.  The challenges that businesses experience with social media usage involve maintaining policies on what employees share in this very-public, very-difficult-to-delete-medium and yet adhere to the laws under the National Labor Relations Act (NLRA) as it relates to employee rights and communication on social media websites.

Health Insurance Exchange Notices – Who is enforcing their distribution?

By October 1^st, 2013 health exchange notices are required by law to have been distributed to all employees.  These notices to employees either explain the health insurance the employer provides or, if the employer does not offer coverage, refers employees to their state’s health insurance exchange to purchase insurance.  Examples of employee notices are available via the first link at the bottom.  (If you are a Cardinal client we will be assisting with this requirement.)

Part-Time Employees; Fewer Hours but Equal Rights

With the upcoming Affordable Care Act (ACA) implementation some employers have been opting to drop a percentage of their employees to part-time status to avoid paying hefty health insurance fees for not offering coverage as they would for full time employees.

Employers should be careful not to become under the impression that part-time employees can be terminated or treated differently than full time employees. The Department of Labor does not have a distinction between the legal rights of part-time employees and those of full time staff in any condition of employment.

Why Hire Part-time Employees?

Inclement Weather/Emergency Closures and Payment

It’s August, and hopefully, most employers have had a reprieve from inclement weather in recent months.  However, some regions of the country experience their most severe weather conditions during the warm summer months, leading to workplace closures or delayed openings due to hurricanes, flooding and tornado activity.

It is recommended that an organization has a clear policy in place regarding inclement weather. 

Health Insurance Rates have been released

Oregon’s health insurance exchange is moving forward and appears to be on track to keep their original timeline.  Individual and small group plans should go on sale in October 2013.  In July 2013 the exchange started approving health insurance rates that had been submitted in April by participating health insurance carriers.  A number of rates filings have been approved during the first two weeks of July.  You can see a sample of the approved rates at: http://www.oregonhealthrates.org/?pg=approved_rates.html 

Protecting Your Unemployment Account

Employers are often surprised at how easily a former employee can establish a successful unemployment claim.  With respect to unemployment claims, the largest misconception among employers is that terminating an employee for substandard performance will disqualify the individual from receiving unemployment benefits.  In most states, unless the employee’s behavior rises to a level of “misconduct,” the claimant will be deemed eligible for unemployment benefits.  Thus, terminating an employee for “poor performance,” “incompetence” or “inability to perform the job” will almost always qualify the former employee for unemployment benefits.