MCO Open Enrollment is Open through May 27

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MCO Open Enrollment

Every two years the Ohio Bureau of Workers’ Compensation (BWC) provides employers an opportunity to evaluate the performance of their current Managed Care Organization (MCO). MCOs are responsible for the medical management of workplace injury claims, including initial injury reporting, assisting with medical treatment, paying medical bills and helping achieve successful return to work outcomes.
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Issue 3: How Would Marijuana Legalization Affect Employers?

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Issue 3: How Would Marijuana Legalization Affect Employers?

On November 3, 2015 Ohioans will make their way to the ballots and have the option to vote yes or no on Issue 3. If passed, Issue 3 would legalize the medical and recreational sale and use of marijuana in the state of Ohio. But what does it mean for employers?

We spoke with Jon Hyman, Partner at Meyers Roman Friedberg and Lewis, and ERC Partner, about what employers should be thinking about in case issue 3 does pass and how to prepare for its arrival.
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What HR Needs to Keep Confidential

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What HR Needs to Keep Confidential

HR is not only entrusted with maintaining sensitive information about employee and management issues, but also must protect this information under laws governing confidentiality.

To protect employees’ privacy and avoid unnecessary litigation or fines, it is critical for HR to identify which processes or documents are supposed to be kept confidential, safeguard this information, keep it in secure locations, and discard it in proper ways. This also includes restricting access to sensitive data online and in various applications, databases, and servers; and creating privacy policies in collaboration with their IT department.

Not keeping certain information confidential can result in lawsuits, identify theft, data breach, or defamation lawsuits. It can also undermine an HR department's credibility and integrity. Here are four (4) types of information that HR needs to keep confidential.
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Managing FMLA: 6 Legal Risks Many Employers Face

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Managing FMLA: 6 Legal Risks Many Employers Face

The Family Medical Leave Act (FMLA) is one of the most complex employment laws with which employers must stay in compliance. Employers face a number of legal risks when managing FMLA ranging from determining eligibility to disciplining an employee on leave. Here are 6 common legal risks many employers face with FMLA that you need to know.

1. Recognizing when leave needs to be covered by FMLA

The need for FMLA leave in the workplace can go unrecognized by supervisors and create potential liability.

For example, in a 2013 case, an employee called her supervisor to inform them that she could not report to work, and the following day reported that she was seeking treatment at a mental health center. She provided her employer with a doctor's note which stated that she was being treated for depression. She was eventually terminated after she had asked for extensions of her leave of absence, and when she could not return to work. The court found that the employer interfered with her FMLA rights when it did not provide her with an FMLA certification form nor a notice of her FMLA rights.
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Benefits Compliance: 3 Areas to Focus On

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Courtesy of Fisher & Phillips LLC

2013 marks not just the start of a new calendar year, but also compliance obligation deadlines for some employee benefit plans. We have outlined a number of key provisions impacting welfare and retirement plans, as well as changes to your payroll system, to help you be prepared. Let me know if you have any questions,

Medical Plans

  • A Summary of Benefits and Coverage (SBC) must be provided to all group medical plan enrollees by the first day of the first annual open enrollment period beginning on and after September 23, 2012. This means if your medical plan is operated on a calendar year basis, you must provide SBCs to enrollees as part of your upcoming annual open enrollment period for coverage that takes effect January 1, 2013.
  • Health FSAs must be redesigned for the 2013 plan year to limit annual account balances to $2,500. Make sure to update your plan document as well.
  • Ensure that your group health plan SPDs have been properly amended to reflect any applicable changes under the Patient Protection and Affordable Care Act of 2010 (PPACA).
  • Claims’ correspondence (claims and appeals responses) must use “culturally and linguistically appropriate language” when 10%+ or more of employees reside in a county literate only in the same non-English language. The HHS website provides a list of all U.S. counties which meet or exceed the 10% threshold.   If you send a claims or appeals response to an address in a county that meets the 10% threshold, you must include a one-sentence statement in the relevant non-English language indicating how to access language services. You must also provide oral language services (such as a telephone customer assistance hotline) and, upon request, a notice in any applicable non-English language.
  • The Women’s Health and Cancer Rights Act of 1998 (WHCRA) requires group medical plans to provide an annual written notice to participants and beneficiaries of the availability of medical and surgical benefits under the plan with respect to mastectomy and breast reconstruction. Including the WHCRA notice as part of your open enrollment materials is one way to fulfill your annual notice obligations.
  • Sponsors of group medical plans must notify employees annually concerning the availability of state premium assistance through Medicaid or CHIP.  The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) imposes this notice requirement, which can be met by including the DOL’s model “Employer CHIP Notice” as part of your annual open enrollment materials.  For calendar year plans, the Employer CHIP Notice must be provided no later than January 1, 2013.
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