10/26/2010 4:09 PM | Deleted user

                              Join us November 9th for

NEW- Approved for- 1.0 General HRCI Credit

Triaging the HR Implications of Health Care Reform

Jonathan A. Segal, Partner Bio
Duane Morris LLP

Health care reform is really insurance reform.  As a result, many employers do not fully appreciate the burdens that the new law imposes on them.  For example, the law imposes a more robust appeals procedure as well as strong anti-retaliation protection.  How do you protect an employee’s right of appeal without giving notice to decision makers that may serve as the predicate for a retaliation claim? 

Also, there are a number of changes that must be made to health plans for plan years beginning on or after September 21, 2010, such as eliminating life-time limits, expanding preventive health services and prohibiting rescission rights.  Employers need to make sure these changes are made by the carriers on a timely basis and communicated to the employees properly. 

Discrimination testing will no longer be limited to self-insured plans, but rather will soon apply to full indemnity plans too, unless your indemnity plan is grandfathered.  But if you make changes to the plan to contain costs, you may lose the grandfathering protection in this and other areas.  So employers need to be careful not to make precipitous actions.  But employers do need to plan for the more onerous mandates that take place in 2014, including penalties for no coverage and other penalties for unaffordable coverage.  But employers need to be careful not to scare employees about the potential loss of coverage; fear of losing employer-provided coverage absolutely can and will be a union-organizing issue. 

Employers must provide unpaid breaks for expressing breast milk under Health Care Reform.  Except for when the breaks must be paid under state law.  These and other issues will be covered in the seminar!

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