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TRANSPARENT COST, QUALITY DATA CAN HELP YOUR EMPLOYEES MAKE INFORMED HEALTH CARE DECISIONS

By Employment Resources

A lot of U.S. employees have noticed that their employers have started shifting the costs of health plans toward them. And, let’s face it, as the increases in health plan premiums continue to outpace inflation, employers will continue to make such shifts.

Employees will be facing some difficult choices. One such choice would be between paying higher monthly premiums for a plan featuring lower out-of-pocket costs and deductibles -or- paying a lower monthly premium for a plan featuring higher out-of-pocket costs and deductibles. Decisions like this bring the age-old cost, quality debate to the forefront. Let’s look at some facts:

  • Even in the same market and network, the cost and quality of health care can vary greatly from provider to provider.
  • Most employees are baffled by the complexities involved with health care and insurance pricing. The majority of providers fail to see the importance of providing patients with clear and concise pricing information. From in-network and out-of- network, billed charges, customary and reasonable charges, contracted pricing and global pricing, and so forth, the technical language and multiple ways that users are charged make it extremely difficult for employees to understand and compare costs from one provider/facility to another.
  • An employee won’t care what services cost if they aren’t the one paying for the services.

In theory, the success of consumer-directed health plans greatly depends on the employer’s ability to get their employees to think like buyers. The reasoning being that employees paying for some portion of the services will look toward high quality, low cost provider options and lower both their own health care costs and those of their employer.

However, the above theory rarely reflects reality. Most consumerism experts say that shopping for health care isn’t akin to shopping for a vehicle or pair of shoes. Most people wouldn’t hesitate to buy the most expensive vehicle when someone else is paying the bill. After all, the most expensive vehicle must be the best, right? The problem with applying the same theory to health care and trying to create a smart consumer through increasing their out-of-pocket costs is that many consumers, no matter how frugal or involved, can’t get the comparative quality and cost data needed to make an informed decision. The same can’t be said of purchasing a car.

You can help your employees benefit from quality and cost data with these steps:

  • Alert local medical facilities/physicians that their plan favors transparent pricing and high quality, low cost care services.
  • Help them know their choices and what each costs. Health care plans should be designed so that it’s financially encouraging to choose the medical facilities, hospitals, and doctors providing contracted pricing data.
  • Have ongoing monthly education about network choices and how these choices impact what they and everyone else spends on health care.

DESPITE POTENTIAL PPACA PROBLEMS ON THE HORIZON, HSA ENROLLMENT CONTINUES TO RISE

By Employment Resources

Since Health Savings Accounts (HSAs) were first authorized in January of 2004 as a tax-advantaged portal for medical savings, America’s Health Insurance Plans (AHIP), which is a trade association representing the health insurance industry, has conducted an annual survey of the HSA market. According the 2011 AHIP survey, HSA plan enrollment in the United States has almost doubled over the last three years, going from 6.1 million participants in 2008 to 11.4 million participants in 2011. From 2010 to 2011, the number of Americans covered by HSAs linked to high-deductible plans (HDHPs) increased by 14%.

Other key findings from the AHIP survey are:

  • Large-group coverage was the fastest growing market for HSA plans between 2010 and 2011, with a growth of 26%.
  • Individual market coverage was the second fastest growing market for HSA plans, with a growth of 15%.
  • More than 6.3 million individuals were enrolled in HSA plans in the large-group market.
  • Around 2.8 million individuals were enrolled in HSA plans in the small-group market.
  • Approximately 2.4 million individuals were enrolled in HSA plans in the individual market.

The Impact Of The Patient Protection and Affordable Care Act On HSAs

As it relates to HSA plans, AHIP has noted that some of the provisions in the Patient Protection and Affordable Care Act (PPACA) could create some potential unintended consequences that might disrupt, if not limit, the availability of HSA plan coverage. Three of the main problems noted by AHIP include:

1. Medical loss ratio regulation. This requires an insurer to spend 80% or more of a consumer’s premiums on direct, non-administrative patient care and improvements to such care’s quality. AHIP asserts that medical loss ratio regulations will be especially problematic for HSA-eligible HDHPs. Participating in a qualified HDHP is a requirement to participate in an HSA. HDHPs provide individuals with a low-premium, high-deductible alternative to traditional health plans. These plans might have lower benefit costs, but they certainly aren’t always cheaper to administer from a per-enrollee standpoint. As a result, they may naturally have lower medical loss ratios.

2. Over-the-counter (OTC) medication restrictions. After 2011, funds from HSAs can’t be used to purchase OTC medications unless the individual has a prescription in hand. By limiting consumer access to many common OTC drugs, such as those used for allergies and colds, consumers will be left in default to use more expensive prescription drugs.

3. Minimum actuarial value requirement. Each level of insurance coverage (platinum, gold, silver, and bronze) sold in either the small or individual market will be required to meet a level-specific minimum actuarial value starting in 2014. The actuarial value is a dollar value based on the average benefits expected to be paid out by a particular plan. Bronze, which is the lowest level, will be required to have at least a 60% actuarial value. Under the Patient Protection and Affordable Care Act, the Secretary of Health and Human Services is to institute a process that will determine actuarial values. The health care reform law specifically instructs that the HHS Secretary may include annual employer HSA contribution amounts within the actuarial value calculation. Of course, this wording means annual employer HSA contribution amounts may not be calculated. AHIP recognizes that including this in the calculation will help to ensure continued consumer access to affordable, high-quality coverage since inclusion will considerably increase the probability that HSAs will meet the minimum requirements.

In closing, AHIP’s survey clearly reflects that HSA enrollment is steadily growing. Policymakers should recognize that HSA plans are more important than ever when it comes to U.S. consumers having access to affordable, quality coverage.

BEHAVIOR-BASED DESIGN PROMOTES HEALTHY LIFESTYLE CHANGES

By Employment Resources

According to the Centers for Medicaid Services, at $8,086 per person annually, the United States spends more per capita on health care than any other country in the world. However, at least half of the country’s population has one or more chronic diseases, 33% are diabetic or pre-diabetic and 66% are overweight or obese. These statistics came from the U.S. Centers for Disease Control and Prevention. Lack of exercise, poor nutrition and smoking are three leading contributors to such a high percentage of unhealthy people.

Promoting a Healthy Lifestyle. People are naturally wired to keep doing what they’re already doing. If there is no incentive to change, even if it’s beneficial, they won’t. This also applies to offering passive open enrollment. Employees are more likely to keep their current coverage. VBID is a new insurance design based on value. It also encourages wellness proponents. The main idea is to match patients’ out-of-pocket expenses with heath service values. Different levels of value are recognized in this approach. By making high-value treatments more available and discouraging low-value treatments, this approach works to yield improved health outcomes on all health care expenditure levels. Research shows that barrier reductions improve patient compliance for recommended treatments.

In addition to increasing compliance for treatments, this approach has also been shown to increase compliance in patients who need regular medication. A study performed by the Center for Health Value Innovation and the University of Michigan Center for Value-Based Insurance Design showed that patients with chronic illnesses who required medication were more willing to take it. Their cooperation for preventative services was also better. However, there is still one troubling issue, which is people who have the opportunity and encouragement to comply but don’t. This has left researchers wondering what is missing from the VBID approach that is necessary to make such people more compliant. The solution is to implement the use of loss aversion and productive tension to raise individual involvement for improving healthy behavior.

Raising the Productive Tension Level. The main idea of productive tension is to create a program that gives enough initiative to provide patients with a positive reason to change. In order to be optimal, productive tension needs to have four different components:

  • Information – Although it increases knowledge, it doesn’t always encourage action. If it did, the country’s population would be rich, fit and happy. After purchasing $46 billion on diet and self-help books in 2010, Americans still need help.
  • Infrastructure – This includes having the right tools, technology and resources to help people. Keep in mind that infrastructure alone doesn’t necessarily initiate action.
  • Incentives – Nothing works better for motivation than a reward. Financial rewards are especially enticing. These still may not initiate action in all people. In a Global Survey of Health Promotion and Workplace Wellness Strategies, only 48% of employers stated that their incentive programs were minimally effective.
  • Imperatives – These are important for accountability and understanding. People need to know what they must accomplish, why they need to do so and what happens if they fail.

Applying the Behavioral Design. One illustrative example of applying the behavior-based design is depicted by Safeway. The supermarket chain’s CEO, Steven Burd, said that 70% of his employees’ health care costs were because of their own behavior. In addition to this, 74% of those cases included four major chronic health conditions. The conditions were cancer, diabetes, cardiovascular disease and obesity. During the following five years, the supermarket chain redesigned its health care infrastructure. Their new focus, after launching the Healthy Measures Initiative, is consumer-based strategies. As a result of the positive changes, Safeway has seen a great increase in voluntary participation among their workers for controlling and preventing these conditions.

Solutions for Creating Tension. There are several different ways to encourage participants to become healthier. The following are a few good examples of beneficial changes:

  • Health Requirements – Having employees pass an annual physical and health exam is a great idea for an incentive.
  • Company Gym – While providing an outside gym membership may be effective sometimes, having a gym or fitness center in the workplace is even more effective.
  • Company Contests – Hosting contests that all employees can participate in is beneficial. Weight loss or health competitions with cash prizes and contribution pools are extremely successful.

The bottom line is that increasing tension to promote a healthy lifestyle change is the best way to make it happen. People are much easier to convince when there are both incentives and rewards.

BUILDING A BETTER SAFETY PROCESS, THE UPS WAY

By Risk Management Bulletin

UPS, the world’s largest package carrier, has slashed its workplace injury rate by 40% and reduced auto accidents by 33% through its Comprehensive Health and Safety Process (CHSP).

Although few companies are as large as UPS, businesses of any size can apply these CHSP principles.

The backbone of the program is the nearly 4,000 safety committees at UPS facilities around the world. A non-management employee usually leads the committee, supported by a management co-chair. These groups are responsible for finding and fixing problems. They have full power to take action, which sets them apart from traditional safety committees led by managers who often simply tell their workers to quit getting hurt. CHSP expects employees to make the changes that will keep them from getting hurt. Each committee also develops a 15-month action plan to tackle long-term safety goals.

Every day at every UPS operation, drivers gather for a three-minute communication that might address a new service or other key information they need. These mini-meetings always include a “safety share” or tip on such topics as railroad crossing risks, distracted driving, or safe lifting. Although the tip is brief, the consistency of practices underscores management’s commitment to keeping workers safe.

Five years ago, UPS introduced an innovative practice by creating “safety zones,” physically delineated areas in each facility where drivers and other workers gather. The zones might include computers for online research, information boards, and space for holding safety presentations. Some locations have even introduced light workout equipment. Carving out a dedicated space devoted to safety helps underscore its importance and makes the commitment more visible. These zones are inexpensive to create and are clearly proving their value.

UPS believes in promotion from the ranks. The company, known for employee longevity, encourages employees to grow in safety as they grow in their jobs. It’s common for a part-time loader to become a driver, then a supervisor, and then a manager, with safety responsibilities added along the way. Encouraging long-term employees to take on safety duties helps create buy-in and strengthens the safety organization.

Take a leaf from the UPS safety book!

TEN STEPS TO PROTECT PED DATA

By Risk Management Bulletin

Thousands of businesses are storing terabytes of confidential business and personal information on laptops, tablets, smartphones, PDAs, removable disk drives, flash memory cards, etc. — leading to a spate of highly publicized security breaches involving the loss or theft of equipment containing customer records, Social Security numbers, drivers license numbers — and more. Your business could be next!

Both federal legislation (such as the ADA, FMLA, and HIPAA) and a variety of state laws require companies to keep customer and client information confidential and to report the disclosure or theft of this data. To protect themselves against liability for these leaks and to manage the risk, more and more businesses are tailoring security policies for their Personal Electronic Devices (PEDs)

Your policy should follow these guidelines:

  1. Require encryption of all data on PEDs that carry confidential records.
  2. Implement “pass phrases” containing letters, numbers, and symbols — and change them frequently.
  3. Secure wireless networks with firewalls and passwords.
  4. Create a two-step authentication process when using a PED for remote access.
  5. Use cable locks for laptops and place them and other PEDs in locked storage when not in use.
  6. Have a “time-out” function for mobile devices that requires user re-authentication after 10 minutes of inactivity.
  7. When feasible, require that the PED be marked as company property.
  8. Have your IT department record the model number and serial number of all PEDs and store digital photographs of each device.
  9. Create an automatic login to access to the PED and its confidential data.
  10. Allow copying or extracting access only with two-factor authentication.

KEEPING YOUR OLDERS WORKERS SAFE

By Risk Management Bulletin

Focusing on the health and safety of your older workers can help reduce injury-related losses.

Health care costs, Workers Compensation spending, and worker productivity are factors that employers must consider as the nation’s workforce ages.

This is because older employees’ physical condition, such as deterioration caused by age or chronic disease, can affect how they respond to potential hazards on the job, according to the National Institute for Occupational Safety and Health (NIOSH).

The number of older workers will continue growing rapidly, as the negative effect of the recession on worker savings, employers’ desire to retain skilled workers, and rising health care costs are keeping more older employees on the job. The Bureau of Labor Statistics projects that workers aged 55 and older will make up nearly 25% of the workforce by 2018, up from 18.1% in 2008.

However, many employers aren’t adequately prepared or even aware of the health and safety risks that older workers present, says NIOSH Director Dr. John Howard. He notes that, although older employers are generally less likely to suffer workplace injuries, it takes longer for them to return to productivity when they do get hurt. “Employers who aren’t aware of this probably aren’t trying to manage their workforce the best that they could. In other words, they might not be looking at the health care costs of their workforce or asking what could make the work safer or healthier for older workers. Some employers don’t even know the distribution of ages of the people who work for them.”

The situation is critical today because the recession has left even fewer baby boomers financially capable of retiring, says ASSE president Terrie S. Norris. “At the same time,” she points out, “employers generally haven’t helped employees prepare for retirement adequately, while Boomers (born between 1946 and 1964) are healthier and living longer than previous generations,” This longer lifespan means that more people will have to work longer.

Increasing medical costs might also force older workers to delay retirement, especially those with chronic medical conditions that can add to workplace health and safety concerns. A series of surveys by AARP over 13 years found that Boomers plan to work into their retirement years because of financial necessity, the need for health care coverage, and other factors, such as personal enrichment. The latest AARP survey, in 2008, revealed that 70% of respondents planned to work into retirement — and this was before the recession hit.

That’s why it makes sense to provide older workers with tools and work processes that reduce the probability of injuries. Our risk management professionals would be happy to offer their advice — just give us a call.

DOT BANS CELL PHONE USE IN COMMERCIAL VEHICLES

By Your Employee Matters

As of January 3, 2012, a new regulation from the U.S. Department of Transportation (DOT) prohibits drivers of commercial motor vehicles (CMVs) from using hand-held mobile phones while driving. The prohibition includes periods when the CMV is stationary at traffic lights, stop signs, or in heavy traffic.

CMV drivers may still use a hand-held mobile phone as long as they pull over to the side of or off of a public highway or street where the vehicle safely remains stationary. Additionally, hands-free cell phones such as speakerphones are still permitted while driving as long as the CMV driver can operate the device by pushing a single button which is within his or her reach. If the CMV driver must reach for the mobile telephone on the passenger seat, under the driver’s seat, or into the sleeper berth, it’s a violation. Moreover, drivers may use a hand-held mobile phone on a public highway or street to contact law enforcement or other emergency services for such purposes as reporting an accident or drunk driver. The new rule doesn’t affect communications with a Two-Way Radio/CB because the DOT lacks jurisdiction to regulate such devices.

This ruling follows previous 2010 DOT decision to mitigate risks associated with “distracted driving” by banning commercial drivers from texting while driving. The new restrictions apply to both intrastate and interstate drivers of CMVs. Drivers who violate the new regulations will lose their commercial license and pay a fine of up to $2,750 for each offense. Employers that require or allow their drivers to use hand-held mobile phones while driving could face a fine of up to $11,000 for each offense.

Employers should adopt a policy consistent with the new rule and train their drivers on what it does and doesn’t permit, as well as the consequences for violations.

Article written and submitted by Daniel Cohen of Worklaw® Network firm Pilchak Cohen & Tice, P.C.

THE MILLION-DOLLAR PROBLEM WITH NO-FAULT ATTENDANCE POLICIES

By Your Employee Matters

Verizon has learned the hard way about the problems associated with no-fault attendance polices. The bottom line: If you have such a policy, you might face unnecessary exposures in enforcing it. On July 6th 2011, the EEOC announced that Verizon settled a multi-million dollar case based on the company’s no-fault attendance policy. Here’s a summary of the settlement:

“Telecommunications giant Verizon Communications will pay $20 million and provide significant equitable relief to resolve a nationwide class disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The suit, filed against 24 named subsidiaries of Verizon Communications, said the company unlawfully denied reasonable accommodations to hundreds of employees and disciplined and/or fired them pursuant to Verizon’s ‘no fault’ attendance plans.”

Then on December 8, 2011, Los Angeles Superior Court approved the $6,011,190 California Family Rights Act (CFRA) class action settlement in Dept. Fair Empl. & Hous. v. Verizon (Seales).

The class action lawsuit began with a more than two-year-long investigation by the EEOC Special Investigations Unit into Verizon’s practices under the California Family Rights Act (similar to FMLA). The lawsuit alleges that from 2007 to 2010, Verizon denied or failed to provide timely approval of class members’ requests for leave for their own serious health condition, to care for a family member with a serious health condition, or to bond with a new child. The company also allegedly fired some class members for violating Verizon’s attendance policy when they missed work for a qualifying reason.

The final settlement will result in payment of $4,490,041 from the maximum settlement amount to 687 qualified claimants:

  • Tier 1: Claimants who experienced improper denial of their application for leave under the California Family Rights Act will receive a check for $3,000 apiece.
  • Tier 2: Claimants who were subject to discipline for poor attendance due to absences under the California Family Rights Act will receive a check for $6,000 apiece.
  • Tier 3: Claimants who were terminated or constructively terminated in violation of the California Family Rights Act will receive a check for $25,000 or more.

Bottom line: All of your attendance policies are subject to limitations imposed by disability accommodation law and the FMLA. This is how justice works today. Because there isn’t enough “juice” in these cases to bring them individually, plaintiffs file them collectively, thus upping the ante. The lawyers get the biggest chunk of the pie (usually in the millions), the regulators get fees and the claimants get $3,000 to $25,000 apiece.

LEAVE ABUSE RESULTS IN LAWFUL TERMINATION

By Your Employee Matters

An employee who had a suspicious pattern of using intermittent FMLA leave on Fridays and holidays could not state an FMLA claim after she was terminated for calling for FMLA leave while on a pre-planned trip to Las Vegas. In Crewl v. Port Authority of Allegheny County, the plaintiff had been certified for (and granted continuously) FMLA leave over a five-year period for migraine headaches and anxiety. A pattern of “Friday FMLA events” emerged (the plaintiff had missed 26 of 52 Fridays) so the employer invoked its right under the FMLA to have the plaintiff submit to a second-opinion medical examination. The plaintiff’s doctors were asked whether the leave pattern was consistent with her medical conditions. The doctor providing the second opinion concluded that the nature of the plaintiff’s conditions — unpredictable migraines and anxiety attacks — was inconsistent with a pattern of onsets on Friday. The doctor also concluded that the plaintiff could control her condition fully with medication. By contrast, the plaintiff’s doctors certified that the pattern was consistent with her condition.

Meanwhile, the plaintiff scheduled a trip to Las Vegas, for which she was granted leave until July 2, but denied it for July 3 and 4. She tried unsuccessfully to get someone to cover her other shifts. Thereafter, on July 2 the plaintiff called out sick for the next two days (July 3 and 4). This leave was credited as qualifying under FMLA, and the plaintiff was even granted holiday pay, despite her failure to work the day before the holiday, as required by the collective bargaining agreement. However, the employer later concluded that the plaintiff had used FMLA fraudulently to cover preplanned vacation days and terminated her. She sued, claiming interference under FMLA and retaliation.

The court granted the employer’s motion for summary judgment. The court noted that the nature of the employee’s condition — unpredictable migraine onset — made it clear that when she called in sick on July 2 for a two-day period, the act was fraudulent. By her own admission, she could never tell when a migraine would disable her. In addition, the fact that she called seeking FMLA while on vacation in Las Vegas and remained there through the July 4 holiday established fraud. Noting that FMLA status does not prevent termination of an employee for reasons unconnected with legitimate FMLA leave, the court held that the employer terminated the employee legitimately for fraudulent use of leave.

Article courtesy of Worklaw® Network firm Shawe Rosenthal.

SOCIAL MEDIA AND DISGRUNTLED EMPLOYEES

By Your Employee Matters

I watched one public company’s stock valuation drop by more than $1 million in one day due to a social media post that one of its disgruntled employees had placed. I’ve seen cases in which employees have cursed at their bosses, spread ill-will about them through the Internet, and literally stuck out their tongues at their employers about working conditions — and, after their termination, the National Labor Relations Board forced their employers to rehire them.

Here’s the point: You cannot ignore social media risks. Disgruntled employees can release a barrage of sensitive information and demeaning statements with their employers left feeling helpless. HR That Works Members should check out the Social Media Training Module, which has both a video describing the National Labor Relations Board position on this issue and a sample Social Media Policy. One additional piece of advice: Get your employees involved in creating and enforcing these policies and train your managers accordingly.