The CHIP Reauthorization Act of 2009 (CHIPRA) requires employers offering group health plans to notify employees of their potential rights to receive premium assistance under a state’s Medicaid or CHIP program. You may combine this notice with other information (e.g., open enrollment materials). The requirement applies to employers with employees that reside in any of 40 states that provide premium assistance.
As of Jan. 22, 2010, the following states offer one or more programs that meet this standard: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Accordingly, if a group health plan provides benefits for medical care directly or through insurance to participants, beneficiaries or providers in one of these states, the plan is required to provide the Employer CHIP Notice, regardless of the employer’s location or principal place of business (or the location or principal place of business of the group health plan).
Employers are required to provide these notices by the date that is the later of (1) the first day of the first plan year after February 4, 2010; or (2) May 1, 2010. Civil penalties of up to $100 per day may be assessed on employers who do not provide the required notice.
The DOL plans to update the notice annually, with current information about which states are providing premium assistance programs.
Employers must track work related accidents (except first aid) during the year on Cal / OSHA Form 301 and complete the Cal / OSHA 300A report for posting February 1 through April 30th. The posting should be in an area accessible to all employees.
Need the documents? Go to http://www.californiaosha.info
In general, people want the workforce to be a “family” where managers and employees can talk about anything and everything. Unfortunately, there are some topics – like caregiving – that are best avoided, to protect an employer from lawsuits, says Christopher Leh, an attorney with Holland and Hart LLP in Colorado. What is the basis for a lawsuit? Family Responsibilities Discrimination (FRD)
Family Responsibilities Discrimination (FRD) is employment discrimination against workers based on their family caregiving responsibilities. Pregnant women, mothers and fathers of young children, and employees with aging parents or sick spouses may encounter FRD. They may be rejected for hire, passed over for promotion, demoted, harassed, or terminated – despite good performance – simply because their employers make personnel decisions based on stereotypical notions of how they will or should act given their family responsibilities.
The first level of prevention, says Leh, is to evaluate your own policies to be sure there is no distinction on the basis of race, sex, age, pregnancy, or other protected classes. In addition, he suggests:
- When evaluating employees, focus on objective qualifications and performance on job, not personal or family factors.
- Train employees on what comments are appropriate.
- Train supervisors to recognize problems, and then how and when to seek advice from HR.
- Develop an effective complaint mechanism.
- Instill in all employees the duty of reporting concerns about possible disparate treatment.
- Investigate all complaints and take appropriate action.
Do you need more information on FRD or help with your HR policies and/or practices to prevent FRD claims? Give us a call.
