R&R Insurance Blog

In April 2017, numerous industry trade groups and labor unions, filed legal challenges to the Respirable Crystalline Silica Standard’s (29CFR1910.1053 and 29CFR1926.1153) validity in several circuit courts across the country.  The petitions were consolidated into the U.S. Court of Appeals for the D.C. Circuit (Docket No. 16-1105).

On December 22, 2017, the DC Circuit Court issued its ruling. The following summarizes the Court’s ruling:

“In sum, we reject all of the petitioners’ challenges to the Silica Rule, with three exceptions. We hold that OSHA was arbitrary and capricious in declining to require Medical Removal Protection for some period when a medical professional recommends permanent removal, when a medical professional recommends temporary removal to alleviate Chronic Obstructive Pulmonary Diseases (COPD) symptoms, and when a medical professional recommends temporary removal pending a specialist’s determination. We remand to the agency to reconsider or further explain those aspects of the Rule.”

For additional information or to receive the full ruling, contact Safety@rrins.com.

We're often asked, "How do I know if there is silica exposure on my job site?"  While there is a variety of testing that can be done, you can start with 2 basic questions:

1. What tasks are being done?
2. What tools are onsite?

Common Tasks that Risk Exposure to Respirable Crystalline Silica

• Abrasive blasting
• Tuckpoint grinding
• Surface grinding
• Drilling and coring
• Jack hammering
• Chipping
• Cutting and polishing concrete/brick/granite/stone/tile
• Milling
• Excavating

Common Tools that Risk Exposure to Respirable Crystalline Silica

When the tools listed below are used on concrete, brick, block, stone, mortar, and other materials that contain crystalline silica there is an increased exposure.

• Stationary masonry saws
• Handheld power saws
• Walk-behind saws
• Drivable saws
• Rig-mounted core saws or drills
• Handheld and stand-mounted drills (including impact and rotary hammer drills)
• Dowel drilling rigs
• Vehicle-mounted drilling rigs
• Jackhammers and handheld powered chipping tools
• Handheld grinders
• Walk-behind milling machines and floor grinders
• Drivable milling machines
• Crushing machines
• Heavy equipment and utility vehicles when used to abrade or fracture silica-containing materials (such as hoe-ramming or rock ripping) or during demolition activities, and for tasks such as grading and excavating

When you've identified your risk, or are wondering your level of risk, the next step is to develop a strategic plan to keep your crew safe.  Keep in mind, it's not just about the task at-hand, it's also about what is going on around you.  Contact your KnowledgeBroker or safety@rrins.com to start the discussion.

Many employee benefits are subject to annual dollar limits that are periodically increased for inflation. The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the annual dollar limits for various welfare and retirement plan limits for 2018. Although some of the limits will remain the same, many of the limits will increase for 2018.

The annual limits for the following commonly offered employee benefits will increase for 2018:

• High deductible health plans (HDHPs) and health savings accounts (HSAs); 
• Health flexible spending accounts (FSAs);
• Transportation fringe benefit plans; and
• 401(k) plans.

Employers should update their benefit plan designs for the new limits and also make sure that their plan administration will be consistent with the new limits in 2018. Employers may also want to communicate the new benefit plan limits to employees in connection with annual open enrollment.

Click here to download the Benefit Plan Limits for 2018

Or contact a Knowledge Broker for more information.

Whether it is promoting open enrollment, explaining plan changes or educating on how to use benefits, communicating benefits information to employees is a perennial challenge for employers. A fast-growing trend among leading companies is to include social media in their benefits communication strategy to extend their reach. Millennials will make us 1:3 employees by 2020 and 75% of workforce by 2025—social media is part of their daily routine/ how they function and needs to be a key marketing tool for businesses. Furthermore, statistically it’s estimated that 61% of workers use their smartphones at work and are using them for social media purposes.

Benefits information can be overwhelming and complex, making some employees more likely to skim over or ignore it. Using social media, such as posting videos to Facebook or tweeting reminders, makes benefits information more relatable and personable—and employees are more likely to pay attention and understand.
Benefits communication must encompass many topics. Employers need to promote open enrollment, educate employees about plan changes, explain how to use the plan, promote consumerism and more. Social media helps break down this overload of information into easy-to-digest posts and reminders—in a place employees’ are already spending time. Posting updates year-round can provide valuable reminders to employees about using their benefits wisely. Therefore, not using social media is more than likely a missed opportunity. Granted, it’s not for every employer or employee, but the amount of people it can reach is growing. Millennials are digital and fast-paced and a major contributor in today’s growing workforce.

Getting Started
To get started, think about how you want to use social media for this purpose. Facebook and Twitter are good places to start, as they are likely the most popular among your employee population.
Whichever platforms you choose, create separate accounts from your external company accounts. Consider using employee-facing accounts not only for benefits communication, but also for wellness and other internal communications. Remember that social media is the perfect outlet for the K-I-S-S philosophy of communication and education—“Keep It Short and Sweet.”

Social media provides potential solutions to some of employers’ toughest benefits communication challenges. Twitter and Instagram require you to be succinct. In promoting a benefit, a meeting, or a wellness challenge, they need to be creative, short and sweet—funny or odd can help too.

Again, effective communication needs to be more often and happen on social media (Twitter, Instagram, Facebook) the ones we have listed in this blog are a great outlet for that. It is better than once a year employee meetings on benefits—it’s an easy avenue to continually remind employees what’s out there.

It’s important to note that an employee that plans to use social media has responsibility:
It needs to be monitored and updated consistently and often if they want engagement and buy in—not a one and done like an EE mtg. Some people think there should be updates daily to keep it visible.

How can this happen:

• Ask employees to like company page on FB, follow on Twitter and Instagram RIGHT DURING A STAFF MEETING. Take time to allow them to log in and do it.
• Get employees involved to promote the social media outlet—this might even include a competition/incentive to get started.

Don’t forget to interact! Encourage employees to ask questions, and ask them to share their own experiences or tips for better plan use. And as with any social media initiative, be sure to reply if an employee contacts you or asks a question—engagement is a vital component of social sites.

Source: Zywave

The Affordable Care Act (ACA) employer mandate applies to employers who fall into the Applicable Large Employer (ALE) classification outlined in the law.  An applicable large employer is any company or organization that has an average of at least 50 full-time employees or full-time equivalents. For the purposes of the Affordable Care Act, a full-time employee is someone who works at least 30 hours a week.

If an employer is classified as an Applicable Large Employer, they must either offer a group health plan to their full-time employees that is of a “minimum value” and is “affordable” or potentially pay a fine known as a ‘’shared responsibility payment’’.  In 2016, the federal government Health Insurance Marketplace for individual health insurance sent out notices to certain employers that had an employee attest to the government marketplace (Healthcare.gov) that they were neither enrolled in employer sponsored coverage or eligible for employer coverage that is affordable and meets the minimum value standard.  At that time employers who received an individual notice had 90 days to respond and provide an appeal.  No fines were imposed since this first step involved data collection.

More recently, the IRS began sending Employer Shared Responsibility Payment Notices known as the 226J letter, to specific employers outlining the payment they owe for their full-time employee or employees that received an individual premium tax credit for the purchase of a private individual health plan on the Marketplace.  If you receive such a notice and do not agree with the IRS findings you must act immediately as outlined by the IRS in their publication entitled “Your Appeal Rights and How To Prepare a Protest If You Don’t Agree”.

Generally, only Applicable Large Employers (ALEs) who had full-time employees enrolled into a private individual health plan through the Marketplace that qualified for a premium tax credit should receive a notice for payment.  If you do receive a 226J letter from the IRS, our agency can assist you with an initial review.  However, if a formal appeal must be filed we will recommend you work with your legal counsel or with a law firm we can recommend.
Hopefully, your firm will not receive this Holiday Greeting from the IRS.  However, if you do, take immediate action since the timeline to respond to your defense is limited.

Today's modern vehicles have electronics throughout; in the doors, under the seats, behind the dashboard, in the engine and even in the trunk. With so many electronics susceptible to flood-related failure, most cars that take on water cannot be be repaired.

Leaders Edge Magazine describes the steps you should take to ensure a used vehicle does not have a history of water damage. While there is no sure way to know if a vehicle has been damaged by a flood, the National Automobile Dealers Association offers these tips to prospective buyers to spot flood-damaged vehicles:

• Check a vehicle’s title history using the National Insurance Crime Bureau’s VinCheck, the National Motor Vehicle Title Information System or a commercially available vehicle history report service, such as Experian or Carfax, etc. Reports may state whether a vehicle has been flood damaged.

• Examine the interior and the engine compartment for evidence of water and grit from suspected submersion.

• Check for recently shampooed carpeting.

• Look under the carpeting for water residue or stain marks from evaporated water not related to air-conditioning pan leaks.

• Inspect for interior rust and under the carpeting, and inspect upholstery and door panels for evidence of fading.

• Check under the dash for dried mud and residue, and note any mold or a musty odor in the upholstery, carpet or trunk.

• Check for rust on screws in the console and in other areas water would normally not reach unless the vehicle was submerged.

• Look for mud or grit in alternator crevices, behind wiring harnesses and around the small recesses of starter motors, power steering pumps and relays.

• Inspect electrical wiring for rusted components, water residue or suspicious corrosion.

• Inspect other components for rust or flaking metal not normally found in late-model vehicles.

Contact a KnowledgeBroker for additional information.

Last Saturday, the U.S. Senate passed their version of a tax reform bill, the Tax Cuts & Jobs Act. The bill is not yet finalized. While the Senate and the House have passed similar tax reform plans, negotiators from both chambers need to develop agreement on a single piece of legislation that both chambers must approve before it is sent to the President for his signature.

One component of the Senate Bill that is not in the House Bill is regarding the Individual Shared Responsibility Payment (aka “Individual Mandate”) provision of the Affordable Care Act (ACA). If the Senate Bill provision makes its way into the final version of a tax reform bill, the Individual Mandate Tax would be set to zero dollars. However, all other ACA-related taxes would remain intact including the “Employer Mandate” (discussed here later).

While any other legislative actions to repeal/replace/repair the ACA remain to be seen, the Trump Administration has been busy focusing on what it can do via the rule-making agencies, namely, the Treasury (IRS), the Department of Labor (DOL) and the Department of Health and Human Services (HHS). Following is a summary of key updates, changes, and proposed changes:

FAST APPROACHING

• It’s that time of year again. ACA Employer Reporting (IRS Forms 1094-C and 1095-C) is still required. For what it’s worth, none of the discussions involving ACA repeal/replacement/repair mentioned the elimination of reporting. This required reporting will be alive and well for some time.
  
  The Individual statements for 2017 must be furnished by January 31, 2018. IRS returns for 2017 must be filed by February 28, 2018 (April 2, 2018, if filed electronically, since March 31, 2018, is a Sunday). R&R has updated our Employer Reporting Tool for 2017 which will generate the required forms in PDF format (paper filing allowed by IRS for less than 250 forms).

TAXES and PENALTIES

• Check your mailbox. The IRS recently released an outline of the processes and form letters that it will use to enforce assessment of ESRPs (Employer Shared Responsibility Penalties, aka the “employer mandate”). These are penalties that apply to large employers (with 50 or more full-time equivalent employees) to offer a medical plan (to at least 95% of its full-time employees) that is of a “minimum value” and is “affordable.”
  
  The IRS began to issue assessment letters last week informing employers of their liability for 2015 calendar year penalties. These letters will have a response deadline of 30 days from the date the letter was written. Timely response is crucial to maintain your appeal rights. Read more here regarding sample letters and the processes involved.
• No more “Reinsurance Fees.” The ACA’s “Reinsurance Fees” were imposed for 2014, 2015, and 2016 only. The 2nd (last) installment payment for 2016 was to be made by November 15, 2017.
• One more round. The PCORI fees continue to apply but are scheduled to sunset. The PCORI fees will no longer apply beginning with plan years ending on or after October 1, 2019.
• “HIT” Restart. The ACA’s Health Insurance Tax (HIT) is a permanent, annual fee on health insurers that began in 2014. It was suspended for 2017 as part of the 2015 Budget Act but will restart for 2018 collection and payment. The traditional insurance market continues to be further challenged by innovative self-funding and level-funding arrangements which also have the advantage of being exempt from the ACA’s “HIT” (3.5% - 5% of premium).
• Where did they park that Cadillac? Although it has been delayed until 2020, the ACA’s “Cadillac Tax,” if it is ever implemented, would put pressure on employers to reduce benefits to avoid/minimize paying a 40% excise tax. By its design, it is not a question of “if” an employer will be subject to the “Cadillac Tax” but “when.”

PROPOSED RULES

• Simplified…almost. On October 6, 2017, the DOL, HHS and the IRS issued two interim final rules expanding certain exemptions from the ACA’s contraceptive coverage mandate. As a result, objecting employers are no longer required to choose between direct compliance and compliance through the accommodation. A plan sponsor, issuer and plan covered by these exemptions will not be penalized for failing to include contraceptive coverage in the plan’s benefits. Note that fully-insured policies will most likely need to file policy riders as appropriate once the rule is final.
• Going up! On October 27, 2017, the Department of Health and Human Services (HHS) released its Proposed Notice of Benefit and Payment Parameters for 2019. Following are the current and proposed out-of-pocket maximums:
  • For 2017, the out-of-pocket maximum is $7,150 for self-only coverage and $14,300 for family coverage.
  • For 2018, the out-of-pocket maximum is $7,350 for self-only coverage and $14,700 for family coverage.
  • Under the proposed rule, the out-of-pocket maximum would increase for 2019 to $7,900 for self-only coverage and $15,800 for family coverage.
• Who doesn’t want more flexibility? The same proposed rules would allow states more flexibility in their options to select a new EHB-benchmark (Essential Health Benefits) plan on an annual basis beginning in 2019. This would provide more plan design choices for the small group market (less than 50 employees in Wisconsin).
• Off the table for now. The HIPAA certification requirement is delayed indefinitely, pending guidance from HHS as on October 4, 2017, HHS withdrew its proposed rule in order to reexamine the issues and explore options and alternatives to comply with the HIPAA certification requirement. This would apply to all self-funded plans including medical reimbursement HRAs.

DEVELOPING

• Back to the drawing board. The EEOC’s (Equal Employment Opportunity Commission) “final rule” regarding “voluntary” wellness incentives turns out to be not so final after all as it has been challenged by the courts to revisit its position regarding the definition of “voluntary.” The current rules were not “vacated” by the courts so the EEOC guidance should still be complied with. Stay tuned.
• That’s an order!  Several weeks ago, President Donald Trump signed “Presidential Executive Order Promoting Healthcare Choice and Competition Across the United States.” The executive order directs federal agencies to expand access to MEWAs (Multiple Employer Welfare Arrangement), HRAs and short-term, limited-duration insurance. More will follow on this as the agencies’ deadline to draft proposed regulations is December 11, 2017.
• Coming home? Even without a “repair” or “replacement” of the ACA, it is anticipated that there will be a number of states that will apply for Section 1332 State Innovation Waivers. This has been discussed recently for consideration in Wisconsin by the Office of the Commissioner of Insurance.

The disruption and turbulence in the employee benefits market will continue. For now, the Affordable Care Act remains the “law of the land” and requires much in the way of compliance for which we have the knowledge, resources and experience in helping our clients. R&R continues to monitor discussions at the federal and state levels with respect to legislative changes that will impact employee benefits. As always, do not hesitate to contact your R&R Benefits Consultant with any questions or concerns.

Going on vacation or visiting in-laws for the holidays? Here are some great tips to “Home-Alone” proof your house that don't involve leaving a mischievous child to set-up traps and pranks to deter burglars.

1. Get a Quality Deadbolt
A good lock system can deter most people from trying to break into your home. A deadbolt that is certified by the Builders Hardware Manufacturers Association and the American National Standards Institute, with grades of 1 through 3.

2. Get a House-Sitter
Preferably not Kevin McCallister from “Home Alone." Instead, enlist in a trusted neighbor, friend, or family member to stop by, check on the house. It will appear someone is home if their car is in the driveway frequently. =

3. Notify the Post Office
Tell the local Post Office of your plans to travel, and request that they stop sending mail to your house for the duration of your trip. A full mailbox is a huge red flag to burglars looking for a vacant home!

4. Get Electric Light Timers
Place electric light timers in various rooms of your house. Lights will give the appearance that someone is home. If you do this, be sure to notify your neighbors so they don’t mistake the lights for intruders.

5. Hire Someone to Shovel
If you will be gone during snowfall season (which in Wisconsin is very likely), hire someone to shovel your driveway. A driveway that goes un-shoveled for two or three days after a snowstorm is a huge indicator that no one is at home, even if you do all of the above items.

6. Be Careful What You Post on Social Media
While it can be exciting to share an update of the beautiful beach you're sitting on, or the gorgeous snowfall you're enjoying, be careful what you post on social media. If your posts are public (and even if they're private) you could be letting a whole lot of people know your home is empty!

Before you leave on vacation, try to put together a quick checklist of the security measures you want to implement. HINT: all the items on this list should be on it! The list serves as a great reminder right before you leave to have the relaxing and stress-free holiday you deserve!

 

Every two years, the Wisconsin Worker’s Compensation Advisory Council (WCAC) negotiates a bill that goes off to the legislature for consideration. The WCAC, made up of 5 representatives from management and 5 representatives from labor, tries to come to agreement on a bill that makes modifications to the Worker’s Compensation Act. It has a long standing history in our State, with each side attempting to get changes that benefit those they represent.

There are several potential changes that are noteworthy  for this cycle. Here is a summary of the big items:

• Fee Schedule: Both sides have agreed that there is a need for a fee schedule as a way to better control medical expenses. We are one of the few States in the country that has no fee schedule. As a result, it’s not uncommon for a work related medical procedure to cost two to three times more than the same procedure that is non-work related. The challenge here is that the fee schedule has not yet been developed and it is supposed to be based on negotiated health insurance rates. Networks are very protective of the rates that they have negotiated with providers. I see that as an obstacle. The other component of this proposal is that any savings realized from the fee schedule are to be shared with injured workers. Call me a pessimist, but I will be surprised if this ends up looking anything like what the management representatives envisioned.
• Permanent Partial Disability: Permanent Partial Disability rates will increase substantially over the next two years. The current rate is $362. That will increase to $382 in 2018 and $407 in 2019. Those are some hefty benefit increases at 5.5% and 6.5% respectively. How do those percentage increases compare to your budget for merit increases?
• Injury Multiplier: This provision could prove to be quite expensive for businesses. This will allow an additional 15% in benefits to workers with scheduled injuries who are not able to come back to work within 85% of their pre-injury wage. This is a benefit that did not exist in the past.

It appears as though the management representatives gave some big increases in indemnity benefits in hopes that savings from a fee schedule will offset those increases. Time will tell.

There are several other proposals as part of this agreed bill that will impact the premiums moving forward including supplemental benefits, loss of hearing and treatment of opioids. For a full list of changes, click here.

Please feel free to reach out to me if you would like to better understand how these changes could impact your worker’s compensation premiums. 

After attending last week’s FPA of Wisconsin Symposium the resounding message still ringing in our ears is “team.” Despite how cliché it may sound, we left those few days reminded of how valuable R&R’s partnership with the FPA truly is.

Our Private Client Division is excited to be a part of your team. We understand how important your clients are to you and value your goal of growing their wealth. We take it upon ourselves to properly protect those assets with the very best coverage. We’ve been there before - and will continue to provide unparalleled service.

Below is a quick preview of the fun we had last week!