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19 Mar 2019, 3:25 pm by Cynthia Marcotte Stamer
As a part of this process, businesses and their leaders generally should plan to: Review subcontractor, temporary, lease employee, independent contractor and other outsourced labor and services relationship for potential risk of worker reclassification and tighten contracting and other procedures; Audit the position of each employee currently classified as exempt to assess its continued sustainability and to develop documentation justifying that characterization; Audit characterization of workers… [read post]
7 Nov 2018, 8:46 am by John Elwood
Florida, the Supreme Court held 8-1 in an opinion by Sotomayor that Florida’s capital-sentencing scheme – under which a jury rendered an “advisory sentence” but a judge had to independently weigh the aggravating and mitigating factors before entering a sentence of life or death – violated the Sixth Amendment’s requirement that a jury rather than a judge must find all facts necessary to sentence a defendant to death. [read post]
26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
 The Access Guidance makes clear that OCR expects Covered Entities and their business associates to ensure that their charges for copying or providing other access to PHI guaranteed by the Privacy Rule complies with this Access Guidance even if that practice does not violate applicable state law. [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Since employers risk excise tax exposure if their group health plan does not comply with the out-of-pocket limitation, this means that employers may wish to with legal counsel about steps that the employer should consider taking to build a record to help mitigate excise tax exposures from potential violations of these requirements including ensuring their group health plan properly defines and distinguishes essential from non-essential benefits, obtaining contractual or other assurances… [read post]
20 Nov 2007, 12:04 am
ALM Privacy Policy / Contact Us © 2007 ALM Properties, Inc. [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Group health plans and group and individual health insurers (Health Plans) must add updating their 2017 Summary of Benefits and Coverage (SBC) forms to their 2017 to do list in response to the publication by the Departments of Health and Human Services (HHS), Labor (DOL) and Treasury (collectively “Agencies) of enhanced content requirements for the 2017 Summary of Benefits and Coverage (SBC) template and Uniform Glossary that the Patient Protection & Affordable Care Act (ACA) requires… [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Group health plans and group and individual health insurers (Health Plans) must add updating their 2017 Summary of Benefits and Coverage (SBC) forms to their 2017 to do list in response to the publication by the Departments of Health and Human Services (HHS), Labor (DOL) and Treasury (collectively “Agencies) of enhanced content requirements for the 2017 Summary of Benefits and Coverage (SBC) template and Uniform Glossary that the Patient Protection & Affordable Care Act (ACA) requires… [read post]
30 Mar 2016, 10:08 am by Cynthia Marcotte Stamer
Quality Concerns Prompting HHS To See Tighter Federal Childcare Regulations As part of federal efforts to mitigate the impact of childcare expenses on low income workers, the U.S. [read post]
30 Mar 2016, 10:08 am by Cynthia Marcotte Stamer
Quality Concerns Prompting HHS To See Tighter Federal Childcare Regulations As part of federal efforts to mitigate the impact of childcare expenses on low income workers, the U.S. [read post]
18 Nov 2018, 8:30 pm by Cynthia Marcotte Stamer
Self-insured employer and union sponsored health plans, health insurers and other health care payers, health care providers, managed care and practice management service providers and others structuring or working with preferred provider or other managed health care contracts should weigh the potential implications on their health plan provider agreements and managed care practices of the antitrust lawsuit  jointly brought by the U.S. [read post]
7 Dec 2018, 4:55 am by Cynthia Marcotte Stamer
Aside from the disruptions businesses incur to organizations and relationships with employees, customers, business partners or others and often tremendous costs of investigation and mitigation, breaches also commonly trigger substantial legal liability under a myriad of federal and state laws and regulations, contracts, and common law tort claims. [read post]
26 Mar 2019, 10:24 am by Cynthia Marcotte Stamer
  Appropriate use of these resources could help mitigate exposure to the high medical, disability, productivity and other costs that employers and their health plans generally incur when employees or their family members suffer from undiagnosed or unmanaged diabetes. [read post]
12 Dec 2017, 1:27 pm by Cynthia Marcotte Stamer
In the face of these exposures, employers and their group health plan Could you share is an administrator should carefully review their plans and their administration for compliance before the end of the plan year so as to be able to take appropriate and timely corrective action before penalties attach and while stop loss or other insurance is available to help mitigate the cost of these corrections. [read post]
6 Oct 2017, 1:04 pm by Cynthia Marcotte Stamer
Human resources, employee benefits and other businesses and their leaders can expect to experience challenges dealing with fraudulent uses of misappropriated information as well as demands that they tighten up their background check, data security and usage and other practices and documentation to mitigate risks from the compromised data. [read post]
Relying on the existing baseline of a fully-operational plant in accordance with North Coast Rivers Alliance v. [read post]
19 Oct 2015, 8:46 pm by Cynthia Marcotte Stamer
  This change eliminates the current requirement that employers first file the H-2A application with the State Workforce Agency (SWA),  It also allows  and allowing agricultural associations of employers, who file as joint employers with one or more of their members in more than two contiguous states, to file a single “master application” and job order covering the workforce needs of each association-member. [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, past Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group,  an ABA Joint Committee on Employee Benefits Council Representative and Board Certified in Labor… [read post]