Podcasts

In this episode, Suzanne Spradley and Chase Cannon look at benefits issues relating to returning to work, as companies begin mulling reopening and bringing back employees. The two start with a discussion of benefit eligibility, COBRA and premium payments relating to furloughs and layoffs, as the employer’s decisions then impact issues to consider upon returning to work. Suzanne then outlines some issues employers should consider when collecting premium payment from employees in arrears, how to handle waiting periods for rehires and what to do with employee FSA (both health and dependent care) elections upon return. The two close with a short discussion on plan amendments and employee communications.

One Key Takeaway: Status matters when deciding whether to furlough or terminate employees during this pandemic. SME/Speaker: Chase Cannon and Kyle Healy

futureWork captures and interprets the data that surrounds every worker to improve health and safety. And now with COVID-19 they are now helping companies record and report employee temperatures. Join us for this episode as Head of Innovation Mark Rieder, sits down with Lars Skari, cofounder of futureWork, to discuss how wearables can help Americans get back to work.

In this episode, Chase Cannon and Suzanne Spradley dive back into common COVID-19 questions. The two start with process and documentation of employee leave requests under the FFCRA, including recordkeeping for employers to claim the FFCRA tax credits. Chase then outlines several different buckets of developments at the state level, including paid sick, family, and medical leave changes on account of COVID-19. The two close with a look ahead at potential additional changes Congress could introduce in so-called “Phase 4 Legislation”, including COBRA subsidies and mandates for group health plan coverage of COVID-19 treatment.

In this episode, Suzanne Spradley and Chase Cannon discuss recent questions popping up from employers regarding the FFCRA, COVID-19 and furlough situations. Suzanne outlines the issues to consider in determining if FFCRA applies, including factors in employee counts to determine if an employer is above or below the 500-employee threshold and whether the 50-employee small exception is automatic. Suzanne and Chase discuss furloughs, and whether FFCRA applies to furloughed employees. The two then discuss unemployment insurance, and whether furloughed or laid off employees might qualify for unemployment benefits (and how the newly enacted CARES Act expands unemployment benefits). The two close with a discussion on the P&C side — business interruption insurance, and how state and federal legislation might impact how business interruption insurance works in the COVID-19 environment.

In this episode, Elizabeth Allen and Patrick Myers address some of the benefits compliance questions swirling around the issue of the coronavirus pandemic. The two briefly discuss the virus and go into more detail on the employee benefits laws that employers must consider as they make business decisions concerning the virus. Specifically, they discuss the coronavirus and its implications under the HSA rules, HIPAA, FMLA, ACA, Section 125 and COBRA.

In this episode, Suzanne Spradley and Chase Cannon address the hot issue of surprise medical billing. Suzanne outlines what is a surprise medical bill and how common of an issue it is to receive one. Suzanne and Chase discuss the challenges for patients that receive out-of-network provider services and bills at in-network facilities. Suzanne outlines three different bills that address surprise medical billing that have been discussed by Congress at the federal level, as well as state legislative action. Suzanne and Chase round out the podcast by talking about different approaches in each proposal, and what to expect down the road in 2020 from states and Congress.

In this episode, Chase Cannon and Suzanne Spradley address two lawsuits, and discuss some new state employer reporting obligations. The first lawsuit relates to one covered in Episode 66 on COBRA notice failures—the Sixth Circuit weighed in and overturned the District Court on whether a change in the premium payment turns constitutes a COBRA triggering event. The second lawsuit relates to the ACA’s employer mandate. A court recently approved a settlement in a case where the employer intentionally reduced hours for employees who were previously eligible for or enrolled in the company’s group health plan; the employer’s intent was to avoid offering those employees affordable coverage under the mandate. Chase outlines the settlement, and the reasons why the employees in the case were able to assert an ERISA 510 claim against the employer to the point of a settlement, even if the court did not ultimately resolve the 510 legal issue. Chase and Suzanne discuss the importance of continued compliance with the mandate and reporting, and dig into several states’ new requirements for employers to report in conjunction with state individual mandates.

In this episode, Suzanne Spradley and Chase Cannon look at three recent lawsuits, two of which are class action suits, against employers relating to COBRA notice failures. Suzanne describes the lawsuits, and explains that the failures related to the content of the notices themselves, rather than the more common issue of failure to send COBRA notices. Suzanne outlines the particular failures, and how the employer could’ve avoided the issue. The two discuss the importance of using model notices and things to consider when working with a third party vendor for COBRA administration