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At The Gaudreau Group, we keep our clients informed of important issues that matter to them. It's just another way that we take care of our clients. |
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Compliance Update:
The GINA Law |
 On November 21, 2009, the federal Genetic Information Discrimination Act ("GINA") went into effect. GINA prohibits employers from requesting or purchasing genetic information and from using genetic information in making personnel-related decisions. Genetic information includes information about an individual's genetic tests, genetic tests of a family member, or family medical history. Genetic information does not include information about the sex or age of an individual or their family members, or information that an individual currently has a disease or disorder.
GINA bars discrimination in employment based not only on an individual's own genetic information, but also on an employee's family member's genetic information or the potential that a latent family genetic disorder may manifest.
GINA also prohibits employers and others from requesting, requiring, or purchasing genetic information. However, there are certain limited exceptions, including: (1) inadvertently requesting or requiring family medical history; (2) requesting or requiring family medical history for purposes of complying with certification requirements of the Family Medical Leave Act or state family and medical leave laws; and (3) genetic monitoring of the biological effects of toxic substances in the workplace when required to do so by law and under specific conditions.
If an employer obtains genetic information, it must be kept confidential is a separate medical file. The employer is NEVER entitled to use the information to make any employment decision.
Here are some steps that you should take immediately in order to avoid GINA-related litigation:
- Post the required and recently updated Equal Employment Opportunity poster issued by the EEOC. Visit the EEOC Website for more information
- Update your handbook and add appropriate language to your EEO and anti-discrimination policies stating that you do not discriminate on the basis of genetic information
- Review employment application and employee questionnaires to verify that you don't intentionally or inadvertently request information about an applicant's/employee's family medical history
- Review any currently held genetic information and move it to confidential medical records. Make sure all genetic information is kept separate from employee personnel records
- Review all existing company policies to verify that you are not intentionally or inadvertently requesting information about an applicant's/employee's family medical history. (Pay particular attention to your leave policies - FMLA, sick leave, etc. For example, if you permit employees to take paid sick time to care for a family member and your require documentation to verify the leave, you may be requesting genetic information.)
- Adopt and implement policies that prevent inadvertent release of genetic information. (For example, you should have a policy in place that prevents the release of any genetic information you may have in your possession that is requested as part of employment-related litigation without a court order.)
- If information about the illness of an employee's family member is requested for purposes of determining whether a request for leave qualifies for FMLA or sate law leave coverage, make sure it is limited to only information required to make the determination
- Review and monitor your company's existing insurance plans to assure that each plan will be in compliance and to make sure that your plans provide for non-discriminatory health coverage for all employees
- If you are a self-insured entity, make sure that you do not request, require, or use purchased genetic testing or information for purposes of underwriting or to determine an individual's contribution/premium amounts
- If you are a plan sponsor of a health plan or health insurance, make sure that you modify any wellness programs, including health risk assessments (HRAs,) to eliminate the collection of genetic information (including questions concerning manifestation of disease in family members.) Eliminate any rewards or incentives under the programs for filling out questionnaires/information concerning genetic information
At The Gaudreau Group, we help our clients comply with changes like the GINA law. Call our Employee Benefits professionals for more information. |
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Compliance Update: COBRA |
 The American Recovery and Reinvestment Act (ARRA) of 2009, as amended by the Department of Defense Appropriation Act, 2010 (2010 DOD Act), mandates that plans notify certain current and former participants and beneficiaries about COBRA premium reduction.
The Department created model notices to help plans and individuals comply with these requirements. Each model notice is designed for a particular group of qualified beneficiaries and contains information to help satisfy ARRA's notice provisions, including those added by the 2010 DOD Act. Click any of the links below to be directed to the US Department of Labor website, where you can print the model notices.
Plans subject to the Federal COBRA provisions must provide the updated General Notice to all qualified beneficiaries (not just covered employees) who experienced a qualifying event at any time from September 1, 2008 through February 28, 2010, regardless of the type of qualifying event, and who have not yet been provided an election notice. This model notice includes updated information on the premium reduction as well as information required in a COBRA election notice.
Note: Individuals who experienced a qualifying event (that was a termination of employment) in December 2009 but who were not eligible for COBRA coverage until January 2010 were likely not provided proper notice. These individuals should get the updated General Notice AND the full 60 days from the date the updated notice is provided to make a COBRA election.
Plan administrators must provide notice to certain individuals who have already been provided a COBRA election notice that did not include information regarding ARRA, as amended. This model Premium Assistance Extension Notice includes information about the changes made to the premium reduction provisions of ARRA by the 2010 DOD Act. Listed below are the affected individuals and the associated timing requirements.
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Individuals who were "assistance eligible individuals" as of October 31, 2009 (unless they are in a transition period - see below), and individuals who experienced a termination of employment on or after October 31, 2009 and lost health coverage (unless they were already provided a timely, updated General Notice) must be provided notice of the changes made to the premium reduction provisions of ARRA by the 2010 DOD Act by February 17, 2010;
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Individuals who are in a "transition period" must be provided this notice within 60 days of the first day of the transition period. An individual's "transition period" is the period that begins immediately after the end of the maximum number of months (generally nine) of premium reduction available under ARRA prior to its amendment. An individual is in a transition period only if the premium reduction provisions would continue to apply due to the extension from nine to 15 months and they otherwise remain eligible for the premium reduction.
Note: To some extent, the groups listed above overlap - creating a situation where an individual may be entitled to multiple notices. Providing the Premium Assistance Extension Notice by the earliest date required will satisfy the notice requirement(s).
Insurance issuers that provide group health insurance coverage must send the updated Alternative Notice to persons who became eligible for continuation coverage under a State law. Continuation coverage requirements vary among States and issuers should modify this model notice as necessary to conform it to the applicable State law. Issuers may also find the model Premium Assistance Extension Notice or the updated model General Notice appropriate for use in certain situations.
Please call the Employee Benefits specialists at The Gaudreau Group for help or clarification on these new requirements. |
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Client Profile |
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It's winter...and that means slippery roads and pot holes. When the nasty road conditions lead to fender benders, call our client, Auto Werks. Dave McGough and Glen Unsderfer have owned and operated their business since 1994, and they and experts at fixing the damage from winter-weather induced accidents.
Auto Werks provides collision services, glass and windshield replacements, painting services, and much more. They'll do the job right, and get it done quickly.
Visit Auto Werks at:
420 Pasco Road, Springfield MA 01119.
Call (413)783-4200.
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The staff at The Gaudreau Group is here to help you. We craft innovative solutions for our clients' insurance and financial services needs. Please call us to talk with one of our professionals about any of the articles you've read today.
Sincerely,
The Professionals at
The Gaudreau Group Inc |
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| Professional Profile |
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Sandra Harvey, CIC
Personal Lines Manager
Experience is a valuable asset in the insurance industry. Sandy Harvey has been in the business for 25 years. "I've helped thousands of customers and learned an immense amount from those interactions" she says.
Sandy has worked with customers in many different areas of insurance, specializing in Personal Lines for the last 20 years. She is a Certified Insurance Councelor (CIC), which is one of the most prestigious designations in our profession.
Raised in Palmer, MA, Sandy graduated from STCC with a degree in Teleproduction Technology. She then held various positions in the insurance industry in Maine and Indiana before coming back to Western Massachusetts. Sandy resides locally with her family. |
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