Here is April's Academy of Risk:
As always our goal is to provide relevant information that will help you and your organizations stay safer, healthier and more profitable by improving compliance & overall insurance costs for your company. I also included April's compliance updates and changes regarding employee benefits toward the bottom.?If you have questions reach out or connect. Thanks for reading this months Academy of Risk email!
Did you know over 8 people die everyday die due to distracted driving (3,522 in2021)? Forward this with your staff and have them pledge to just drive:.?Link
Distracted Driving TIP-?Implement a Distracted Driving Policy for your company and review it annually with your work force. Email me if you need a template. Here is a video to share with the consequences of distracted driving.?link
April's Academy of Risk?Articles:
- The Bureau of Labor Statistics (BLS) recently released data on workplace injuries and illnesses in 2021, and the results are concerning…
- A Workers’ Comp Industry Insights Survey identifies medical care issues as the top work comp challenges industry professionals faced in 2022. Here are six actions to keep costs under control…
- Housekeeping violations are low-hanging fruit for OSHA inspectors. No one standard addresses housekeeping, but housekeeping is a common thread in many standards. Learn more…
- The American Bar Association (ABA) has published a comprehensive report of FMLA decisions handed down by the federal courts in 2022…
- 2022 injury data published
- Proposed budget increase of 17 percent
- 10th annual stand-down to prevent falls in construction
- May 1st - 5th
- New resources
- Rise in child labor violations
- Virtual meeting on proposed heat injury and illness prevention rulemaking
- MSHA reports on inspections of 25 mines with poor compliance history
- State Plans
- Cal/OSHA - FAQs on COVID-19 updated
- MIOSHA - Agency Instructions Issued, Standard update
- SCOSHA - Judge throws out suit over fines, new suit filed
- Recent fines and awards
- Workers’ Compensation exclusive remedy does not apply to discrimination case
- Two rulings related to Proposition 22 and AB5 - California
- Firefighter with preexisting conditions granted disability award for stroke - Illinois
- Teacher’s fall down the stairs compensable - Illinois
- Acceptance of comp benefits does not automatically bar a tort suit - Michigan
- Supreme Court decision clarifies extent of PTSD claims - Minnesota
- WC Board must address whether first report of injury equates to acceptance of claim - New York
- Appeals court addresses determination of average weekly wage for temporary worker who died on job - North Carolina
- Injured workers can be compensated for medical marijuana - Pennsylvania
- Argument with customer not in scope of employment - Pennsylvania
- Commission explains why “coming and going” rule does not apply - Virginia
- Depression and anxiety continue upward trend among injured workers
- Focus four hazards cause 65 percent of workplace deaths in construction
- New report explains how to use data and AI technology to reduce injuries
- Coal miners have higher death rates from lung disease than their predecessors: study
- Workers in food supply chain industry facing higher injury risks - Study
- Women in construction share experience in report
- Free, online training course explains Total Worker Health concepts
- State News
April 2023 Benefits Compliance Update:
The End of the Public Health Emergency?
- COVID-19 public health emergency (along with the COVID-19 national emergency) has now ended April 10, 2023 (one month sooner than earlier reported).
- The Outbreak Period ends June 9, 2023.
ACA Preventive Services Mandate Partially Vacated
- March 30th decision in?Braidwood Management v. Becerra?A federal court in Texas ruled that the USPSTF cannot legally determine which preventive services qualify as covered preventive services under the ACA. Biden Administration filed an appeal and DOJ filed a motion for a stay on April 12th.
- Plans are not required to make any changes and can continue to cover preventive services without regard to the decision. It’s anticipated that few plans/insurers will stop covering USPSTF preventive services at this point.
- On April 7 a federal district court in Texas halted the FDA's 2000 approval of mifepristone. Judge ruled the FDA had violated federal rules that allowed for the accelerated approval of some drugs and had erred in its scientific assessment of the abortion pill.
- A federal appeals court in New Orleans on Wednesday put a hold on the Texas ruling, but imposed additional limits on the drug that include requiring it to be taken in the presence of a physician.
- The Biden Administration and the drug's maker, Danco Laboratories, asked the SCT to intervene.
- SCJ Alito on Friday placed a hold on a lower court ruling that restricts access to the abortion drug mifepristone until tomorrow night.
- Abortion pill remains available for now.
Abortion and Travel Benefits
- Abortion has been banned at all stages of pregnancy in Idaho since August 2022.
- Idaho has become the first state to pass a law explicitly restricting some out-of-state travel for abortions. The new legislation makes helping a pregnant minor get an abortion, whether through medication or a procedure, in another state punishable by two to five years in prison.
Compliance Calendar for Calendar Year Plans
- Prescription drug reporting a/k/a RxDC Report (Transparency in Coverage Rule)
- This is the second RxDC report due by June 1 that will cover data for 2022
- Self-funded plans must pay PCORI fee for the prior plan year
- Employers use IRS Form 720 to report and pay PCORI fees, which are due by July 31 of the year following the last day of the plan year.
- File Form 5500 for 2022 calendar year plans.
- Only required for welfare plans with 100 or more participants.
- The Form 5500 filing deadline is the last day of the seventh month following the close of the plan year. For example, if the plan year is February 1-January 31, then Form 5500 must be filed by August 30.
- Insurers must provide MLR rebates to plan sponsors of fully insured health plans by September 30th?(following the end of the MLR reporting year).
- Group health plans that file Form 5500s must provide participants with a summary annual report (SAR).
- The deadline is within 9 months of the close of the plan year (September 30th?for calendar year plans).
For a more in depth look at our tools and services including a free work comp indication?schedule a quick online demo with me.?or just email me back. I can review how we utilize technology in our risk management process to save your staff time and ensure you remain compliant with all the various government agency changes. Complimentary software include:
Note: The material in this eBulletin is provided as general information and is not a substitute for legal or other professional advice.
