JKJ Masthead2
In this issue
Update on Health Care Reform
JKJ&H International
Small Business Unit Targets Specific Industries
Medicare Secondary Payer Law
All Settled In!
Building - 3in Wide
 We have settled into our new building at 109 Pheasant Run and have all our JKJ associates to thank for the smooth transition.  We also would like to thank everyone for the welcoming gifts and interest in seeing our new facility.  If you haven't been out for a visit, please stop in soon. The change of scenery has put a sense of excitement amongst JKJers and we hope to ride that enthusiasm for years to come.
New Arrivals
We have some tiny new additions to our JKJ family.

Holly Rivera, a Commercial Account Representative at JKJ, and her husband, Dan, welcomed their second child, Joel, on April 21st, 2009.

John and Tracy Kiefner are proud parents of Grant, born on November 25th, 2008.

Angela O'Malley and Mike Wilson welcomed Ryan Michael to the world on November 5th, 2008.

We are happy to report that both moms and babies are healthy.

Congratulations!
About H�rtkorn 
Dr. F. E. H�rtkorn GmbH  -- JKJ's international business partner -- is one of the leading privately-owned insurance brokerage firms in Germany. Since 1966, the company has been offering its clients tailor-made solutions in all lines of insurance ranging from Property & Casualty to customized specialty solutions for company leaders as well as for individuals. The service portfolio also comprises Risk Management, Claims Consulting, Group Benefits, Financial Investments, Factoring and Credit Insurance.

Company headquarters is located in Heilbronn, with subsidiaries in Berlin, Chemnitz, Mannheim, Nuremberg, Offenburg and Stuttgart.

Welcome back, Daniel
This summer, we will welcome back Daniel Reck, an associate at the insurance broker Dr. Friedrich E. H�rtkorn GmbH in Heilbronn, Germany.  Recently, JKJ has finalized a joint venture with H�rtkorn in efforts to expand our international capabilities, specifically in Germany.  Daniel will be a tremendous asset to the JKJ team and our German-American client base.  
 
Athletes In-House


An enthusiastic group of JKJers ran and completed the Broad Street Run on Sunday, May 3rd. 

Congratulations to:
Gina Callahan
Dan Brown
Wendy Schwartz
Debbie Barsky
Gary Uzelac
Julie Bartl
 
Great work guys!
Electrical Requirements
Section 1910.399 of OSHA's electrical requirements defines a "qualified person" as one who has received training in and has demonstrated skills and knowledge in the construction and operation of electrical equipment and installations and the hazards involved.  To be qualified to perform a task, workers must now demonstrate that they can safely perform a task before they are qualified to do the task. 

For example, workers assigned to turn on/off office lights from a circuit breaker panel require training. To meet the OSHA objective measures, they must demonstrate that they know how to operate the breaker, identify breakers in the panel that should not be turned on or off, and if a breaker is locked or tagged, they must understand what that means and not interfere with the task in process. If the office lights go out because the circuit breaker trips, the person qualified to turn the lights on in the morning is not qualified to reset the breaker. This seems like a lot of training just to turn on the lights, but it would actually only take five minutes of every office worker's annual electrical safety training. If that annual training is recorded and a record of attendance is kept, the documentation requirement of training is also met.

Consider the training required to ensure that plant electricians are qualified to remove a motor control unit. If the motor control unit is a Model X made by Vendor A, the workers must know the specific features of that model motor unit, including the release mechanism operation and location. Once again, the benchmarks set by the OSHA definition requires workers to demonstrate their skill by removing a control unit before they are considered qualified to do so. This can be accomplished through training from the person installing the control unit or with on-the-job training from someone already qualified.

Source: NFPA Journal
For additional information, contact Mke Weaverling at mweaverling@jkj.com.

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15 Minutes with JKJ
Update on Health Care Reform
medical 2
An article that appeared in the New York Times, Industry Pledges to Control Health Care Costs Voluntarily by Robert Pear, addresses the Obama administration's approach to health care reform in the United States. One of the challenges the Obama administration faces involves the enactment of less expensive comprehensive health insurance coverage.

According to the commitment to a reduction in the growth of national health spending by doctors, hospitals, drug makers, and insurance companies, the possibility of saving $2 trillion over the next ten years would make this less expensive program possible for Congress to enact. 

As of now, the reduction in national health spending is only a commitment, and the Obama administration plans on holding health care providers accountable for their undertaking by publicizing their performance. Health care providers hope to evade government price constraints by following through with their voluntary low figures.
 
In a statement to health care providers, President Obama stressed that this reform cannot be postponed and is in fact necessary. Six leaders in the health care industry responded in agreement to do their part to decrease the annual health care spending growth rate to save the desired $2 trillion for the nation. These leaders of the health care industry agree that there needs to be obesity prevention, coordinated care, management of chronic illnesses, a decrease in unnecessary tests and procedures, the standardization of insurance claim forms, and an increase in the use of information technology. An official of the Obama administration offered that in order for the immense savings to be realistic, the health care reform must be put into effect this year.
 
The White House has stated that the savings from the decrease in growth of national health spending will exceed the costs of universal health coverage. If health care providers follow through on their commitments, rather than health care accounting for 21% of the economy in 2019, it would only represent 18%, saving the country $700 billion in that year. Along with a reduction of national health spending, the government could see more savings, as high as $600 billion over the next ten years, with an increase in productivity rate in the health care industry.

Summary provided by Summer Intern Megan Keenan
JKJ&H International Services
international
JKJ&H International, a joint venture between Johnson, Kendall & Johnson, Inc. and Dr. F. E. H�rtkorn GmbH, formed to provide risk management services and advice to companies doing business in both Germany and the United States. Both firms recognized a need to develop a strong background in providing coordinated, integrated risk management solutions and are key members of UNiBA-Partners, one of the largest independent international broker networks based in Brussels.

How JKJ&H International can help
Whether an entity is just considering entry into the United States or Germany, or managing an ongoing company, we have the expert resources to understand how liabilities and exposures to legal suits from all facets of risk should be addressed in each country. Our experienced employees have specific backgrounds in insurance and risk management in both Germany and the United States, plus the technical language capabilities in both English and German.

Our focus and strategies
We are a "value driven organization" providing consultative services and focused resources directed at reducing ultimate organizational costs in:
  • Risk management analysis of different funding mechanisms to drive the best value

  • Claims management - the key to controlling ultimate costs of risk is reducing potential and level of losses

  • Safety and risk control - Governmental regulatory compliance, analysis of exposures and strategies to mitigate impacts is a critical impact to organizational risk

  • Disaster planning and Business Continuity evaluations, including supply chain analysis

  • Other solutions through valued partners addressing employee benefits design, visa issues, employment regulations and governance issues
We focus on three primary areas: Communication, Coordination and Compliance solutions. By understanding and addressing differences in culture and customs of transacting business in each country, we help clients develop integrated solutions that are efficient and very cost effective.

Let us know if your business can benefit from our expertise; contact John Wright at jwright@jkj.com.
Small Business Unit Targets Specific Industries

To continue the mission of providing comprehensive coverage at a competitive cost, JKJ's Small Business Unit has been working with specific industries to learn more about their day-to-day operations. These industry groups include:
  • Commercial Printers
  • Salons/Barber Shops
  • Main Street Retail Stores
  • Telecommunications Companies
  • Auto Repair & Auto Body Shops
A goal of the Small Business Unit is to educate business owners on the risk management strategies that will ultimately keep claims and annual insurance premiums down.

If you know of a friend or family member who is unhappy with their current advisory relationship or has a question they would like answered, please have them contact Dan Brown at dmbrown@jkj.com.
Medicare Secondary Payer
The Medicare Secondary Payer law ("MSP") is again in the news for liability (including self-insured), no-fault and workers' compensation insurers. In December 2007, Congress amended the MSP law through Section 111 of the Medicare, Medicaid and SCHIP Extension Act to impose mandatory reporting requirements on liability, no-fault, and workers' compensation insurers (collectively referred to as "non-Group Health Plans" or "Non-GHPs") regarding the Medicare eligibility of injured parties for whom they have paid or will pay a claim.

This mandatory reporting was designed to strengthen the ability of the Centers for Medicare & Medicaid Services ("CMS") to enforce the MSP rules, which describe the specific circumstances where Medicare does not have primary responsibility for paying the medical expenses of a Medicare beneficiary. Medicare is "secondary payer" in situations when a Medicare eligible individual has received a settlement, judgment award or other payment from a non-GHP that is intended to cover medical expenses that might otherwise be covered by Medicare. Non-GHPs subject to Section 111 reporting requirements have an affirmative duty to submit Medicare entitlement information to the CMS Coordination of Benefits Contractor on a quarterly basis.

These reporting requirements are extensive and onerous and will require a significant expenditure of time and effort, particularly at the outset. One particular challenge is that the reporting requirement extends back in time.

Non-GHPs must report information about all settlements, awards or other payments made where the date of incident was after December 5, 1980 (the date the liability and no-fault insurance MSP provisions became effective) so that CMS can determine if Medicare has a potential recovery claim. Another challenge is that most insurers probably have not tracked the Medicare eligibility of individuals to whom they have paid claims, so that this requirement will, at least initially, require a massive information gathering effort.

Although the deadline for initial reporting with the non-GHP Section 111 reporting requirements is October 1, 2009 (an extension is available until January 2010 in certain circumstances). Non-GHP insurers must register electronically with CMS by June 30, 2009 in order to begin the necessary testing of systems.

CMS only issued guidance regarding the details of reporting for non-GHPs in late March, in the form of a 180-page User Guide, so the timeframe is tight. CMS has not yet issued guidance regarding reporting for mass tort claims, a particularly difficult issue in light of the fact that insurers often do not even know the names of the claimants.

Source: HHS.Gov/Cozen O'Conner Health Law Update
For additional information, contact Steve Friend at sfriend@jkj.com.
From all of us at JKJ, we wish everyone a happy and healthy summer.  Keep your fingers crossed for some good weather!

Please forward all questions or comments on this newsletter to
editor Julie Bartl at jbartl@jkj.com.