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Health Care Reform: Medical Loss Ratios and Federal Mandated Rebates

Compliance AlertsReprinted courtesy of Alfred (Mike) B. Fowler, ERISA and employment attorney for Kutack Rock LLP. www.abferisa.com. Contact Mike at mike@abferisa.com.

As one of the major pieces of Health Care Reform legislation (HCR), the Medical Loss Ratio (MLR) provisions are intended to assure that health care coverage will be reasonably affordable. However, by requiring health care policy issuers to limit their administrative expenses to no more than 15% (large group) or 20% (small group) of premium, HCR opened Pandora’s Box. We are about to see the results. Please note that the MLR rules apply to both group and individual policies; however, we will limit our discussion in this Memorandum to group policies.

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Brinker Decision: California Supreme Court rules employers not required to enforce meal breaks

The California Supreme Court issued a long awaited ruling on a case filed nine years ago against Dallas based Brinker International, the parent company of Chili’s and other restaurants. Restaurant workers complained that missed breaks were in violation of California labor law.

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View the recorded Webinar: Leaves of Absence – Navigating the Legal Maze

Beginning with the enactment of the Americans with Disabilities Act and the Family Medical Leave Act in the early 1990s, employers have been confronted in recent years with a slew of state and federal laws regulating leaves of absence in the workplace. Today, employers face a labyrinth of leave laws that address when and under what circumstances employees may take a protected leave.  The complexity of the law, and the often confusing interplay between the alphabet soup of statutes, often lead to missteps in both interpretation and application of employer duties and rights that arise before, during and after employee leaves of absences.

The webinar identifies prominent traps; and guide employers on how they can implement their leave of absence policies lawfully and effectively.

Watch the webinar: Leaves of Absence - Navigating the Legal Maze

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And Download the PowerPoint Slides.

 

View the Webinar: 2012 Health Care Reform and Other Matters – An Update

Are you ready to comply with Health Care Reform regulations that go into effect in 2012 and 2013? Watch our very informative, easy to understand webinar on what your company needs to do to comply. The Webinar outlines what employers need to do right now – not in 2014 or some other far off time, but right now – to comply with Health Care Reform. Average rating by people who attended the webinar was 4.25 out of 5 stars.

Click below to watch:

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Compliance Alert: Flexible Spending Account (FSA) Limit of $2,500 Applies to 2012 Fiscal Year Plans

Compliance AlertsReprinted courtesy of Alfred (Mike) B. Fowler, ERISA and employment attorney for Kutack Rock LLP. www.abferisa.com. Contact Mike at mike@abferisa.com.

Although most Internal Revenue Code (IRC) Section 125 plans (Cafeteria Plans) are calendar year plans, there are some plans that are fiscal years plans (e.g. February 1 – January 31). To the delight of tax lawyers everywhere, the IRC contains traps for the unwary! In this instance, plan sponsors with fiscal plan years (all plan years other than calendar years) whose Cafeteria Plans include Health Care Spending Accounts (HCSA), must institute the $2,500 pre-tax contribution account maximum beginning with the first day of the 2012 fiscal year.

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FMCSA issues tighter restrictions on hand-held mobile phone use for commercial drivers

Cell phone use while drivingCommercial Drivers must go almost completely Hands Free

The Federal Motor Carrier Safety Administration (FMCSA) finalized a new federal rule further restricting hand-held mobile phone use by Commercial Motor Vehicle drivers. The rule, which went into effect December 23, 2011, affects Oil Marketers, Trucking Companies, Environmental Contractors, Construction Contractors, Waste Haulers and Public and Private Transportation organizations among many other industries. There are approximately 4 million commercial drivers in the U.S. that would be affected by this rule.

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Legislative Update: California SB 299 and Companion Legislation – A New Maternity Mandate

SB 299Reprinted courtesy of Alfred (Mike) B. Fowler, ERISA and employment attorney for Kutack Rock LLP. www.abferisa.com. Contact Mike at mike@abferisa.com.

New Laws

As the cornerstone of four new laws (SB 299, AB 592, SB 222, and AB 210), the California legislature intends to assure health care coverage for pregnancy, childbirth, and related conditions. These new laws expand protection under California insurance policies and health care plans in a significant way:

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