Articles

Preventive Care Services Regulations Released

Summary

The IRS, DOL and HHS (The Agencies) have jointly released regulations (The Regulations) regarding the preventive care coverage requirements contained in The Patient Protection and Affordable Care Act of 2010 (ACA). The Regulations, which will be published in the Federal Register on July 19th, define the preventive health services that a health plan must provide coverage for with no cost-sharing requirements such as a copayments, coinsurance, or deductibles. The rules do not apply to grandfathered health plans.

Read more

The Moral of the Story: Pre-Loss Planning Creates Happy Ending

The story you are about to read is fictitious and intended to illustrate scenarios that we see in reality every day. The setting could be any city, state or region where medium-sized clothing, specialty food or mercantile retailers operate.

Read more

Healthcare Reform: At What Cost?

The healthcare reform legislation passed in late March is a voluminous far-reaching law. At more than 2,000 pages in length, we have all been inundated with information. Now with midterm elections approaching, we will undoubtedly hear much more, with many Republicans calling for repeal and the President and many Democrats trying to ease concerns by touting the more popular outcomes of the overhaul.

Read more

Social Media’s Dirty Little Liability Secret for Employers

You can’t attend a Human Resource, Marketing, or Legal conference these days without a discussion on social media. My wife and I have toddler age twin boys, and I relate social media for employers to organic chocolate milk… It's organic, has milk, and the brand we purchase even advertises DHA and Omega 3’s! Did I mention it was milk? Truth is we limit the boys to one glass a week and they get plenty of exercise (running away from mom and dad). Similarly, social media for your organization is probably a good idea, but it’s important to put some policies and procedures in place and be consistent in your enforcement.

Read more

Advancements in Contractors Professional Liability Insurance

With the desire for more advanced and innovative construction project delivery methods, industry initiatives like integrated project delivery, LEEDS, BIM, PPP and other similar movements, and the increasing demand that owners require of contractors to deliver a project faster and cheaper, contractors of all types, shapes and sizes face professional liability exposure. These exposures range from vicarious liability from design or architectural/engineering services to scheduling/sequencing errors to mismanagement of subcontractors or the construction process. These exposures can easily cripple a construction firm and create unwanted liability with devastating results.

Read more

Grandfathered Plan Summary

On Monday, June 14th the IRS, DOL, and HHS jointly released interim final rules regarding health reform grandfathered plan status. Some of the rules contained in the Affordable Care Act do not apply to grandfathered plans so employers have been waiting to find out what kind of changes can be made to a plan and still retain its grandfathered status. The rules will be published in the Federal Register on June 17th. The rules contain a few surprises and still leave a large question unanswered.

Read more

The Case for Insurance in Protecting Personal Net Worth

At least annually, you need to ask yourself, and your insurance agent or broker, is your personal insurance program is keeping pace with your personal net worth and the activities you engage in.

Read more

Wage and Hour Disputes

What is the legal basis for disputes?

The Fair Labor Standards Act (FLSA or the Act) governs wage and hour employment matters for employees engaged in interstate commerce. The scope of the Act is broadly interpreted, making most employers subject to the FLSA. Further, state laws provide additional wage and hour regulations. One of the biggest areas of dispute surrounds the exemptions to the Act, notably the “white-collar” overtime exemptions for professional, executive, administrative and computer employees.

Read more

Pollution Exposures for a Property Owner

The purpose of a truly effective risk management program is to identify those exposures that your company faces and then utilize some form of risk transfer (avoidance, risk retention, insurance) to address that risk. The area of Pollution Legal Liability is one exposure that many property owners overlook when structuring a risk management program.

Read more

A business succession checklist

The life cycle of a closely held business can be compared to that of your typical family home. When you are considering the purchase of a home you analyze location, price, size, current mortgage rates and the overall appeal of the home. You have a title search done, radon and termite inspections, and some local authority walks through to make sure the home is structurally sound. The day before you move in the house is immaculate and there are few, if any, apparent problems.

Read more

COBRA Premium Subsidy Update

On Friday, the House passed the American Jobs and Closing Tax Loopholes Act (H.R. 4213) that would require 401(k) fee disclosures, provide relief for pension funds and extend unemployment benefits.

However, the planned extension of the COBRA premium subsidy was omitted prior to voting to gain additional support for passage.

Read more

Managing Hospitality Risk Foodborne Illness

Foodborne Illness – What’s at risk?

Accurate diagnosis is sometimes difficult, but it has been estimated that somewhere between 24 to 81 million foodborne illnesses occur each year, resulting in more than 10,000 foodborne-associated deaths with the consequential costs ranging anywhere from $7.7 to $23 billion.

Read more