Legal Update HeaderOn Aug. 17, 2020, a federal district court granted an injunction blocking a Department of Health and Human Services (HHS) regulation that would have allowed health care and insurance discrimination based on sex stereotyping, gender identity and pregnancy-related conditions.

ACA Section 1557 Regulations

Under Section 1557 of the Affordable Care Act (ACA), discrimination on the “basis of sex” is prohibited in “any health program or activity” that receives federal funds or is administered by a federal agency.

Legal Update HeaderOn July 21, 2020, the National Labor Relations Board (NLRB) issued a decision that eases the way for employers to discipline or discharge an employee based on abusive or offensive conduct—such as racist or profane remarks— committed while the employee was also engaged in activities that are protected under the National Labor Relations Act (NLRA).

Uniform Standard

The decision means that, in any NLRB case in which an employee who engaged in abusive or offensive conduct claims he or she was disciplined for NLRA-protected activity, the employer may show that its adverse employment action was lawful by proving that:
  • The employee’s protected activity was not a motivating factor in the discipline or discharge; and
  • It would have taken the same action even in the absence of the protected activity (for example, by showing consistent discipline of other employees who engaged in similar conduct).

Annual Open Enrollment ChecklistOpen enrollment can be an extremely positive and rewarding experience for you and your employees.

During this unprecedented time, it’s important to review and modify employee benefits to enhance their physical, mental and financial health. Consider the following suggestions to help you prepare for a successful open enrollment period this year.

 

Know Your Benefits HeaderThe health care system in the United States can be intricate and confusing. By understanding some of the factors that affect the care you receive and knowing how to navigate the increasingly complex health care system, you can make better decisions and ultimately receive better care.

Traditional Health Care vs. Managed Care Historically, the United States health care system consisted of a large number of independent health care providers who owned their own practices. These were either solo practices or joint practices owned by multiple physicians who practiced together in a group setting. In addition, most communities had independent, not-for-profit hospitals.