Volume 24 Issue 6

June 2013


www.pacounties.org

INSURANCE MATTERS
An e-newsletter of the County Commissioners
Association of Pennsylvania Insurance Programs

 

Owned by Members   Governed by Members   Service to Members
In This Issue
Work Comp Rate Decrease?
L&I Seeking Applicants
Health Care Reform Update
Hazard Comm. Standard
AOPC Security Workshops
Upcoming Events
Quote of the Month
 
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Specialty Lines

 

Greetings!  

CCAP's Tax Collector Bond Program is a good example of the reasons our member service programs are started. The PCoRP Board was discussing various county risk management issues in the mid-90's, and the subject of bonds for tax collectors came up. Because tax collectors are not county employees, they were not really on our radar for insurance issues. But the board pointed out the Local Tax Collection Law provides that counties can conduct a group bond purchase for all the tax collectors, saving the county, school districts and municipalities money. The board members (and I seem to recall Gail Kipp being the lead on this) noted that one of the most time consuming parts of the task was apportioning the costs of the bonds to all the governmental entities involved.

 

So we set up a group program to provide the surety bond coverage as required by state law. The program started in 1998 after a competitive bidding process resulted in the selection of Travelers Casualty and Surety Company, and they have been insuring the program for the past 15 years. We started with 37 counties participating and saved counties and other public entities thousands of dollars. At our last renewal we had 48 counties participating in the program. The program currently provides bonding coverage for over 1,600 tax collectors in the state.

 

The program is offered to counties through local insurance producers (you choose who you want to work with). We also provide the local producer with a breakdown of costs for each tax collector and public entity, making the billing much easier for the county.

 

The Tax Collectors Bond program renews January 1, 2014 for a four year term. This July we will be sending all counties information about the program and an application.

 

If you would like more information about the Tax Collector Bond Program, please contact Tona Faust at CCAP.

 

Make sure you contact us when you need help with something,

 

                             John Sallade 

Work Comp Rate Decrease?

 

You may have seen this article recently; it was released by the Associated Press on March 28:

 

The state Insurance Department says a workers' compensation insurance rate reduction will go into effect next week for employers. The department said that the overall 4 percent decrease that takes effect Monday could mean as much as $110 million in savings for Pennsylvania employers. It says the estimate may vary according to claims experience, payroll and other factors, and not all employers will see a decrease.

 

The department says employers should contact their insurance agent before their next renewal date to find out how their premium will change.

 

This is a very simplified version of a complicated matter, and every administration announces these rate changes in the same manner. But the reality is this is not a rate change. The process starts with the Pennsylvania Compensation Rating Bureau (PCBR) issuing what are called Loss Costs. Loss Costs are the claims cost portion of cost of workers' compensation insurance. Each insurance company approved to write workers' compensation insurance in Pennsylvania (and there are 393 of them), then adds its administrative costs to the Loss Costs and comes up with their own Lost Cost Multiplier.

 

So the four percent reduction mentioned in the article is really not a rate change, it is a change in the Loss Costs, only a portion of what makes up workers' compensation premium.

 

Since the workers' compensation law was amended by Act 44 of 1993, there is less state regulation of rates. Insurance companies can also use something called Schedule Rating which can substantially alter their rates.

 

PComp, which is a self-insured pool for counties and county related entities, does not use the process noted above for rate calculations. PComp develops its rates based on the actual claims experience of the PComp membership (we now have 20 years of data from counties and county related entities). We add our expenses to the projected claims costs for each payroll code to calculate our rates, which are then reviewed and approved annually by the Department of Labor and Industry.

 

So watch for those simple headlines - they may not explain the matter correctly!

  

L&I Seeking Applicants for Workers' Compensation Self Insurance Chief
 

The PA Department of Labor & Industry, Bureau of Workers' Compensation is seeking applicants for the position of Self-Insurance Chief. The application deadline is June 10, 2013 and the salary range is $63,590 - $96,666 annually.

 

Candidates with property and casualty insurance underwriting experience involving workers' compensation are encouraged to apply.

 

Commonwealth employees enjoy a comprehensive benefits package, including:

 

  • Exceptional medical benefits
  • Generous paid time off
  • Outstanding retirement benefits

 

Visit www.scsc.state.pa.us for details on the nature of the work, job requirements and information on how to apply.

 

For specific job-related questions, please contact the Bureau of Human Resources, Department of Labor & Industry at (717) 783-4254 or email jslingwine@pa.gov for assistance. Pennsylvania is proud to be an equal opportunity employer supporting workforce diversity. Auxiliary aids and services are available upon request to individuals with disabilities.
  
Health Care Reform Update:
Shared Responsibility
By Steve Fallon, Insurance Buyers Council, Inc.

 

MINIMUM BENEFIT LEVELS AND
MAXIMUM CONTRIBUTIONS

 

One of the key provisions of the Patient Protection and Affordable Care Act (ACA) is the employer "pay-or-play" mandate. The ACA requires "large employers" - those with at least 50 full-time (equivalent) employees - to offer those employees "minimum essential (health care) coverage" which provides "minimum value" and is "affordable" as defined by the ACA. This mandate will be generally effective January 1, 2014, with "special transition rules" applicable to employers, like some counties, which have fiscal year plans. Subject to certain conditions, these rules effectively extend the compliance date for those counties until July 1, 2014.
 

What exactly constitutes "minimum essential benefits" has yet to be announced by the Department of Health and Human Services (HHS), but it is clear the overwhelming majority of county groups are already offering coverage which far exceeds what will be required of employers under the ACA.

 

As for employee contributions, while many county plans have some level of employee contribution, the "affordability" definition under the ACA is tied to a single (enrollment) plan only (you can require 100% premium contribution for dependent coverage), such that a plan is "affordable" if the employee's share of the cost of "self-only" coverage does not exceed 9.5% of their household income. Under the so-called "W-2 safe harbor", employers can use the employee's W-2 wages in assessing the "affordability" of its plans. For a full-time employee earning $25,000, the maximum monthly contribution allowed would be $197.92 for single coverage. This translates to an employee contribution of 30-40% of premium of a typical medical/Rx employee-only premium.

 

The employer mandate under the ACA does not apply to "small employers" which, by definition, have less than 50 full-time (equivalent) employees.

 

Determining if you are a "Large Employer"

 

In determining if you are a "large employer" with 50 or more full-time employees, you must also count "full-time equivalents" (FTEs) by determining total hours for the month for all non-full-time employees (including seasonal employees) and dividing by 120 (30 hours per week x 4). The result is the number of FTEs which must be added to your total employee count in determining if you are a "large employer" under the ACA.

 

Defining Full Time Employees

 

If you are a "large employer" as defined by the ACA, you must offer the required ACA-compliant "minimum essential coverage" (which has "minimum value" and is "affordable") to all full-time employees by no later than January 1, 2014 (July 1, 2014 for counties on a fiscal year plan). A "full-time" employee is one who works an average of 30 hours per week. In general, short-term, part-time and seasonal employees are not considered "full-time" under the ACA.

 

Identifying employees working "full-time" (30 hours a week) should be simple enough for the vast majority of your workforce. The complicating factor is calculating employees on the cusp of 30 hours-including employees with peaks and valleys in hours, "variable hour employees" (VHEs), and seasonal employees.

 

The methods used for determining the VHEs are complicated, utilizing a number of "measurement periods." The CCAP Health Alliance, through its partnership with the Delaware Valley Health Insurance Trust (DVHIT), is assessing the recently released regulations and will be providing additional guidance - well in advance of the January 1, 2014 implementation date. In the meantime, the following are a few action items to consider:

 

  • If your county or entity is close to 50 full time employees/equivalents, strategize on future hiring plans.
  • Clearly define/manage employees close to the 30 hour weekly threshold to make sure you don't have hour-creep. One extra average hour can result in additional health insurance premium of $5,000-$8,000 (per single employee).
  • If your threshold for measuring full-time/benefit eligible employees is currently more than 30 hours, calculate the number of new eligible employees and the impact on your budget.
  • Strategize on ways to offset any increased costs caused by newly eligible employees.

 

If you have any questions about this update or how the regulations will impact your county or entity, contact Julia Jackson, CCAP Employee Benefits Program Manager at (800) 895-9039 x 3305.

 

Steve Fallon, Insurance Buyers Council, Inc. is consultant to the Delaware Valley Health Insurance Trust (DVHIT), administrator of the new CCAP Health Alliance.

Hazard Communication Gives Workers the Right to Understand

By: Maureen McMahon, Loss Control Specialist

 

Globally Harmonized System (GHS)
 

The GHS is an acronym for The Globally Harmonized System of Classification and Labeling of Chemicals. The GHS is a system for standardizing and harmonizing the classification and labeling of chemicals. It is a logical and comprehensive approach to: Defining health, physical and environmental hazards of chemicals; creating classification processes that use available data on chemicals for comparison with the defined hazard criteria; and communicating hazard information, as well as protective measures, on labels and Safety Data Sheets (SDS).

 

Hazard Communication Standard (HCS)
 

The OSHA Hazard Communication Standard (HCS) provides people the right to understand the hazards and identities of the chemicals they are exposed to in the workplace. When employees have this information, they may effectively participate in their employers' protective programs and take steps to protect themselves. Although OSHA standards do not apply to county government, the Hazard Communication Standard may be used as a best practice in order to ensure chemical safety in the workplace and to provide information about the identities and hazards of the chemicals that is understandable to workers.

 

The OSHA Hazard Communication Standard (HCS) is now aligned with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This update to the Hazard Communication Standard provides a common and coherent approach to classifying chemicals and communicating hazard information on labels and safety data sheets. The revised standard will improve the quality and consistency of hazard information in the workplace, making it safer for workers by providing easily understandable information on appropriate handling and safe use of hazardous chemicals.

 

Major changes to the Hazard Communication Standard 

  • Hazard classification: Provides specific criteria for classification of health and physical hazards, as well as classification of mixtures.
  • Labels: Chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each class and category. Precautionary statements must also be provided. Here are the links for the HCS pictograms and sample label: QuickCard_Pictogram
  • QuickCard_Labels
  • Safety Data Sheets (formerly known as Material Safety Data Sheets-MSDSs): Will now have a specified 16-section format.
  • QuickCard_SafetyData
  • Information and training:Employers are required to train workers by December 1, 2013 on the new labels elements and safety data sheets format to facilitate recognition and understanding. OSHA Publications 

For more information, contact the CCAP Loss Control Department at 800-895-9039; or email us at:

 

Gary Nicholson, Loss Control Services Manager

Andrew Smith, Loss Control Specialist

Maureen McMahon, Loss Control Specialist

AOPC Announces 2013 Security Committee Workshops
  

The Administrative Office of Pennsylvania Courts (AOPC) would like to invite county elected officials and staff to attend the 2013 Local Court Security Committee Workshops.

 

While topics and speakers have not been finalized, the AOPC has provided the dates and locations of the 2013 LCSC Workshops for your convenience for scheduling purposes. More detailed information will be provided in the future.

 

 

Date 

September 24
October 4

October 7

October 8

October 18

October 21

November 1

December 13

Workshop Location 

Scranton
Harrisburg Judicial Center

Clarion/Grove City

Pittsburgh

Harrisburg Judicial Center

Williamsport

State College/Penn State

Philadelphia

 

Please direct questions about the workshops to Mary Beth Marschik, Judicial Security Administrator, Administrative Office of Pennsylvania Courts, MaryBeth.Marschik@pacourts.us 

Upcoming Events 

  
PACHSA Summer Meeting
June 20-21
CCAP North Office
  
PComp Board Retreat
June 26-28
Seven Springs Resort
  
2013 Solicitors Conference
June 28
CCAP North Office
Quote of the Month
  
"Experience is not what happens
to a man. It is what a man does
with what happens to him."
  
- Aldous Huxley
  
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Contact Us: John Sallade, Managing Director, CCAP Insurance Programs