Get Your HIPAA Ducks in a Row: Reduce Your Risk of Failing a Compliance Audit

Many of us had envisioned that we would see less enforcement in the Health Insurance Portability and Accountability (HIPAA) compliance arena. This is not the case. According to the U.S. Department of Health & Human Services Office for Civil Rights (OCR) they had a record year in 2018. The news that the OCR is collecting … Continued

District Court Rules on Employer EEO-1 Survey Data

On March 4, 2019, a U.S. District Court ruled that the White House Office of Management and Budget’s (OMB) reasons for discontinuing the 2017 EEO-1 pay data requirement were speculative and insufficient. Because of the court’s order, employers subject to the EEO-1 survey requirement are now faced with the possibility they will need to gather … Continued

Rule Changes to OSHA’s Electronic Recordkeeping Standard

On January 25, 2019, the Occupational Safety and Health Administration (OSHA) issued a final rule rescinding their “2016 Rule” which had been established to Improve Tracking of Workplace Injuries and Illnesses. This most recent final rule changes OSHA’s electronic recordkeeping standard. This change was promulgated because of concerns over “privacy” of employee information contained in … Continued

Monitor Hours-of-Service, Don’t Aggressively Manage or Cut Them

HR departments for large employers all across the country are focused once again on getting out their 1095-Cs.  This process brings to light for many the need to monitor employees’ hours-of-service.  Because of certain Affordable Care Act (ACA) provisions large employers want to make certain employees working 30 or more hours per week are offered … Continued

The EEOC Officially Removes Wellness Plan Incentive Rules

In late December 2017, the judge in the AARP vs. EEOC case ordered that the wellness plan incentive rules contained in the Equal Employment Opportunity Commission (EEOC) regulations to be vacated beginning January 1, 2019. The EEOC had an opportunity to draft new rules during the spring and summer of last year, yet we were … Continued

Pennsylvania Employers: Newly-Enacted Act 111 Is Intended To Be a Compromise After the Fall-Out of the Protz Decision and Resulting Workers’ Comp Rating Changes.

In June and July of 2017, Henderson Brothers reported on the impact that the Pennsylvania Supreme Court’s decision in Protz v. W.C.A.B. (Derry Area School District), 161 A.3d 827 (Pa. 2017) (“Protz”) would have on workers’ compensation insurance. After about 16 months of fall-out from Protz, on October 24, 2018, Governor Wolf signed House Bill … Continued

Compliance Alert: Upcoming 2018 CVSA Roadside Blitz on Hours of Service Logs

During the first week of June (specifically June 5th, 6th, and 7th), the Commercial Vehicle Safety Alliance (CVSA) in conjunction with local jurisdiction will be conducting a focused blitz on Hours-Of-Service (HOS) compliance. According to the CVSA, 32% of drivers were placed out of service during last year’s three day blitz for HOS violations. Compliance … Continued

Q&A: Medicare Part D

It is that time of year again for plan sponsors to begin preparing their Medicare Part D notices. Employers with group health plans that provide prescription drug benefits must notify Medicare Part D eligible individuals by October 15th whether the group prescription coverage is at least as good as Medicare Part D coverage. Coverage that … Continued

Pennsylvania Employers: Potential Changes to Your Workers’ Compensation Program

What You Need to Know On June 20, 2017, the Pennsylvania Supreme Court held that the Impairment Rating Evaluation (IRE) process was unconstitutional because the General Assembly is not permitted to delegate its authority to issue impairment rating guidelines to a non-legislative body, or in the Protz case, the American Medical Association (AMA).  See Protz … Continued