February 2022

EEOC Issues New Guidance on COVID-19 and ADA Disability

Provided by Deutsch & Associates, LLC

The Equal Employment Opportunity Commission (EEOC) recently issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA).

ADA and COVID-19 Background

Under the ADA, employers with 15 or more employees may face liability if they take certain adverse employment actions against individuals who have been diagnosed with or are believed to have COVID-19. The ADA also requires these employers to provide reasonable accommodations for individuals with disabilities, including any related to COVID-19. Smaller employers may be subject to similar rules under applicable state or local law.

Three-Part Definition

The EEOC’s new FAQs clarify that COVID-19 may qualify an individual for ADA protection based on “actual” disability, a “record of” disability or being “regarded as” having a disability. Employers must perform an individualized assessment to determine whether a specific employee’s case of COVID-19 meets any of these definitions.

Disability Types

COVID-19 is an actual disability if it is a physical or mental impairment that “substantially limits one or more major life activities.” The FAQs provide examples of situations in which an individual with COVID-19 would (and would not) meet this definition. The FAQs also explain and provide examples illustrating how certain adverse employment actions may violate the ADA even if an individual only had COVID-19 in the past (“record of” disability) or is mistakenly believed to have COVID-19 (“regarded as” having a disability).

In addition to these FAQs from the EEOC, contact us today for more information on COVID-19 and the ADA.

3 Hybrid Work Model Mistakes to Avoid

It’s no shock that the COVID-19 pandemic fueled a pivot towards remote work. And as workplaces reopen, a significant number of employees want to retain their remote status. To accommodate this desire, many employers are using a hybrid work model, allowing employees to work in person some of the time and remotely for the rest. Within this model, it’s critical for employers to understand potential pitfalls and adapt as necessary. Here are three common hybrid work model mistakes to avoid.

1. Inadequate Policies

If employers don’t have clearly defined hybrid policies detailed in writing, employees and their managers may not understand expectations, which could lead to confusion, improper conduct or missed deadlines. Among other topics, a hybrid work policy might include details on who is eligible for hybrid work, scheduling expectations and technology specifics.

2. Unfamiliar Leadership

While many employees may want to work at least some of the time remotely, leadership might feel differently, preferring in-person work. This can be problematic when these same people write and enforce workplace policies. It may be insightful for management to also try out hybrid work or discuss concerns with those participating in a hybrid schedule.

3. Inconsistent Communication

Staying up to date on timely developments is a constant struggle for most workplaces. While multichannel communication can reach dispersed workers and is generally an effective tool, employees still need to know where to expect messages to come from. A workplace may standardize communications through a messaging platform or intranet to keep employees informed.

Employer Takeaway

When properly implemented, hybrid work models can provide flexibility to workers while still maintaining operational productivity. Reach out today for more hybrid work resources.

FEBRUARY 2022

A number of federal vaccine requirements have been imposed, all of which have faced various legal challenges. Highlighted below are two federal vaccine requirements and their current legal statuses.

On Jan. 7, 2022, the U.S. Supreme Court heard oral arguments on two federal vaccine requirements: OSHA’s emergency temporary standard (ETS) and the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers.

OSHA ETS

The ETS established a vaccination-or-testing requirement for private employers with 100 or more employees. These employers were to require employees to be fully vaccinated against COVID-19 or be tested on a weekly basis and wear face coverings at work.

On Jan. 13, 2022, the Supreme Court stayed the OSHA ETS, ruling that OSHA was not given the power to regulate public health more broadly than occupational dangers.Given this ruling, employers are not required to comply with OSHA’s ETS at this time. On Jan. 25, 2022, OSHA withdrew its COVID-19 ETS. However, the agency stated that it will continue to pursue the regulation as a proposed permanent rule.

CMS Rule for Health Care Workers

The CMS rule requires Medicare- and Medicaid-certified providers and suppliers to establish a policy requiring covered staff members to be vaccinated against COVID-19 unless they are eligible for an exemption based on recognized medical conditions or religious beliefs.

On Jan. 13, 2022, the Supreme Court dissolved the temporary injunctions blocking enforcement of the CMS emergency rule. As a result, the emergency rule has been reinstated and is now being enforced. CMS has issued guidance on the rule for various state groups (QSO-22-07-ALL, QSO-22-09-ALL and QSO-22-11-ALL).

Coverage of OTC COVID-19 Tests Required

On Jan. 10, 2022, the Depts. of Labor (DOL), Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.

Legal Requirements

Plans and issuers must cover the costs of COVID-19 tests during the COVID-19 public health emergency without imposing cost-sharing requirements, prior authorization or other medical management requirements.

As of Jan. 15, 2022, the cost of these tests must be covered, even if they are obtained without the involvement of a health care provider. However, the FAQs do not require tests to be covered if they are not forindividualized diagnosis (such as tests for employment purposes).

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Plan Options

Plans and insurance issuers may place some limits on coverage, such as:

• • Requiring individuals to purchase a test and submit a claim for reimbursement.
• • Providing direct coverage through pharmacy networks or direct-to-consumer shipping programs.
• • Limiting the number or frequency of OTC COVID-19 tests that are covered.
• • Taking steps to prevent, detect and address fraud and abuse.

February 2022

3 Strategies for Reducing Benefits Costs in 2022

Health care costs continue to rise each year, and 2022 will be no exception. In the new year, experts predict a 6.5% increase in medical costs alone, according to PricewaterhouseCoopers. Employers are also anticipating health plan premiums to rise more than 5% in 2022, a Willis Towers Watson survey reports. With these increases in mind, employers will want to strategize methods to rein in benefits spending. This article offers three ways to help.

1. Consider Alternative Plan Modeling

Instead of raising premiums, which may push employees away, employers can think about offering alternative health plan models. These include consumer driven health plans and various self-funded plan models. At their core, alternative plan models give more control to employees and employers about how health care dollars are spent.

2. Promote Health Care Literacy

The idea of health literacy is that if employees better understand their health care options, they can save more money and improve their overall well-being. Even limited health literacy can go a long way toward keeping health costs down in 2022. Arming employees with basic questions such as “How much will this cost?” and “Can I be treated in an equally effective but less costly way?” can help them take better control over their health choices and make wiser decisions.

3. Explore Telemedicine Solutions

In basic terms, telemedicine allows consumers to visit their doctor over the internet. These appointments are often much more affordable compared to in-person visits. As of mid-2021, 46% of consumers were using telemedicine to replace in-person health visits they had originally planned, according to a McKinsey and Company survey. Those figures are expected to rise in 2022 as the cost savings of telemedicine are more widely understood.

The Case for Mental Health Benefits

Mental health has been a hot topic recently, thanks to the COVID-19 pandemic. Over the past two years, so many people have experienced issues such as burnout, depression, anxiety and substance addiction. In fact, 40% of U.S. adults said they have struggled with mental health or substance abuse during the pandemic, according to a Jellyvision survey.

In 2022, mental health will continue to be a top concern for workplaces, and employers are taking notice. Over 30% of employers have added new mental health benefits within the past year, McKinsey and Company says. Yet, despite increased efforts, nearly 25% of employees still don’t feel supported when it comes to their mental health.

With that in mind, employers will need to evaluate their 2022 mental health strategies and consider how they can best help maximize their employees’ overall well-being. Doing less could create greater problems down the road, such as increased absenteeism and voluntary terminations.

THE IMPORTANCE OF BREAKFAST

Ever wonder where the term “breakfast” came from? Your body needs to refuel after a long night’s sleep—a “break” from your “fast.” Skipping breakfast can lead to low blood sugar, fatigue, irritability and poor attentiveness.

Research

Studies have shown that eating a healthy breakfast can lead to better strength and endurance, sharper concentration and better problem-solving abilities. The American Dietetic Association reports that children who eat a healthy morning meal perform better in school. In addition, people who eat breakfast generally consume more vitamins, minerals and other healthy nutrients than those who do not eat in the morning.

Weight Management

Eating breakfast helps to control snacking and binge eating throughout the day. Typically, when one skips breakfast, hunger takes control, leading to unwise food choices later in the day—including excessive calorie intake. This applies to children as well studies have shown kids who skip breakfast are twice as likely to be overweight.

What is considered a healthy breakfast?

A “balanced” breakfast should include a substantial amount of fiber (which can include fruit or vegetables), low- or non-fat dairy, whole grains and some lean protein. A good breakfast might be a high-fiber fortified cereal with milk, eggs and an apple or orange. This breakfast alone provides the essential vitamins B, C and D, calcium, folic acid, protein and iron.

Time-saving Tips

Are you often running late in the morning? Think ahead so you have no excuse for missing breakfast:

• • Make a smoothie with fruit and low-fat yogurt.
• • Prepare a hard-boiled egg the night before and grab it on your way out the door, along with a piece of fruit.
• • Take your breakfast to work and prepare it there.
• • Put a whole-wheat bagel in the toaster while you gather your things.
• • When you make your lunch for work, consider making breakfast for the next day.
• • Consider having dinner for breakfast. If you have leftovers from the day before, it can be a delicious and easy way to start your day.

Health and wellness tips for your work, home and life—brought to you by the insurance professionals at Deutsch & Associates, LLC. Read More (pdf)