With the fall and winter months comes flu season. According to the Centers for Disease Control and Prevention (CDC), flu activity peaks between December and February, so now’s the time to ensure you’re prepared. Social distancing and mask mandates significantly prevented a “twindemic” last year as the flu season coincided with the ongoing COVID-19 pandemic.

Those safety measures helped prevent a majority of flu cases. However, as more states and businesses lift mask mandates and other preventive measures, the flu virus may circulate much more freely than it did last year.

Preventing the Flu

The flu vaccine is your best chance of preventing the illness—especially this year. The CDC recommends an annual flu vaccine for anyone 6 months of age or older.

There are more ways to help protect yourself and others during this flu season. Avoid close contact with people who are sick, and stay home when you’re ill. It’s also critical to continue good hygiene by covering your coughs and sneezes and washing your hands.

Getting Vaccinated

If you’re unsure about getting a flu vaccine, the CDC shares the following reasons why it’s crucial to get vaccinated amid the pandemic:

• • Reduces your risk of getting sick with the flu—The flu vaccine can reduce your risk of having to go to the doctor with the flu by 40% to 60%.
• • Reduces your risk of contracting both COVID-19 and the flu at the same time—Battling simultaneous flu and COVID-19 infections are much worse than battling either alone and can require extended hospital stays.
• • Reduces strain on the medical system—The flu and COVID-19 are respiratory illnesses, so they rely on the same life-saving hospital equipment.

Since the flu and coronavirus have similar symptoms, it’s important to get tested if you’re feeling sick. If you’re worried about staying healthy during this flu season, please contact your doctor. (pdf)

Recently, the White House directed the Occupational Safety and Health Administration (OSHA) to draft an emergency temporary standard (ETS) for private employers. Soon, employers with 100 or more employees (likely measured companywide, not by location) will need to adapt their vaccine policies and enforce one of the following:

• • Require employees to get vaccinated against COVID-19
• • Require unvaccinated employees to produce evidence of a negative COVID-19 test each week

The rule will also reportedly require large employers to provide their workers with paid time off to get vaccinated and recover from any vaccination-related side effects (e.g., chills).

All aspects of this upcoming rule are subject to modification until OSHA publishes the rule. The ETS is expected to come in the weeks ahead; however, an actual release date is uncertain. Once an ETS is issued, it can only remain in effect for six months before a permanent standard must replace it.

What Employers Can Do Now

Here are some actions employers can consider to prepare for the mandate:

• • Determine whether weekly negative testing will be allowed as an alternative to COVID-19 vaccination.
• • Consider how to handle accommodation requests for those seeking vaccination exemptions.
• • Plan out systems to adequately and confidentially track employee vaccination statuses.
• • Plan for potential staffing shortages or scheduling changes to afford employees time to get vaccinated.

This list is nonexhaustive, as certain considerations will be unique to individual employers.

Employers should stay tuned for specific details to be announced by OSHA shortly.

DOL Announces Final Rule on Tip Regulations

Recently, the U.S. Department of Labor (DOL) announced a final rule that will amend Fair Labor Standards Act (FLSA) regulations for tipped employees. The final rule is expected to become effective on Nov. 23, 2021.

Overview of the Rule

The final rule prohibits managers and supervisors from keeping any portion of an employee’s tips, regardless of whether the employer takes a tip credit. New language in the FLSA regulations clarifies that managers and supervisors may only keep the tips they receive directly from customers based on the services they directly and solely provide.

The final rule also prohibits employers, managers and supervisors from receiving tips from—but not contributing tips to—an employee tip pool. However, the final rule allows employers that do not claim a tip credit (meaning they pay their tipped employees the full minimum wage rate instead of the tipped employee minimum wage rate) to impose a tip pooling arrangement that includes employees in the establishment who are not employed in an occupation in which they customarily and regularly receive tips (e.g., dishwashers, cooks).

The DOL is of the opinion that civil money penalties are “an important equalizer in the economy by helping to ensure fair competition for responsible employers.” For this reason, the final rule restores the DOL’s ability to impose penalties of up to $1,100 per violation against employers that take tips earned by employees, regardless of whether the violations were repeated or willful.

Employer Takeaway

Employers with tipped employees should become familiar with this rule and adjust their practices to comply with this rule by its effective date.

Reach out to Deutsch & Associates, LLC today for more workplace resources. (pdf)

On Oct. 4, 2021, the Department of Labor (DOL), Health and Human Services (HHS) and the Treasury issued FAQs addressing rules regarding premium incentives for COVID-19 vaccines and rapid coverage of preventive services for COVID-19.

Premium Discounts for COVID-19 Vaccines

The FAQs clarify that a group health plan (or health insurance issuer offering coverage in connection with a group health plan) may offer participants a premium discount for receiving a COVID-19 vaccine. However, plans generally may not condition eligibility for benefits or coverage on vaccination status, and any discount must comply with final wellness program rules.

Under these rules, a premium discount that requires an individual to obtain a COVID-19 vaccine would be considered an activity-only wellness program, which is a type of health-contingent wellness program. These programs must comply with the rules’ five nondiscrimination criteria, including an incentive limit and requirement to offer an alternative standard in some cases.

The maximum permissible reward (or penalty) under a health-contingent wellness program that is part of a group health plan (and is not related to tobacco use) is 30% of the cost of coverage.

Preventive Services Coverage for COVID-19

Effective Jan. 5, 2021, plans and issuers must cover, without cost-sharing, any COVID-19 vaccines and their administration immediately once the particular vaccine becomes authorized under an emergency use authorization (EUA) or approved under a biologics license application (BLA). This coverage must be provided consistent with the scope of the EUA or BLA, including any amendment, to allow for an additional dose to certain individuals, booster doses or the expansion of the age for whom the vaccine is authorized or approved.

HIPAA Privacy Rule and COVID-19 Vaccine Inquiries

On Sept. 30, 2021, HHS issued FAQs on the application of the HIPAA Privacy Rule on COVID-19 vaccination and the workplace.

Overview of the FAQ Guidance

The HIPAA Privacy Rule does not prohibit any person—including HIPAA-covered entities and business associates—from asking whether an individual has received a COVID-19 vaccine. Rather, the Privacy Rule regulates how and when a covered entity or its business associate may use or disclose protected health information (PHI), including an individual’s vaccination status.

The Privacy Rule does not prevent any individual from disclosing whether he or she has been vaccinated against COVID-19 or any other disease. The Privacy Rule does not apply to individuals’ disclosures about their own health information.

Additionally, the Privacy Rule does not prohibit an employer from requiring an employee to disclose whether they have received a COVID-19 vaccine. The Privacy Rule does not apply to employment records and does not regulate what information can be requested from employees. However, documentation or other confirmation of vaccination must be kept confidential and stored separately from the employee’s personnel files under Title I of the ADA. Note that other federal or state laws do address these requests and disclosures. (pdf)

Complex Health Benefits Can Hinder Employee Success

Health care is rarely straightforward for the average consumer. Many individuals need help making sense of their options both during open enrollment and when receiving health services. In fact, 8 out of 10 people said they faced challenges when receiving care, according to a recent study from Quantum Health.

According to the study, the vast majority of consumers have reported facing hurdles in the past two years when receiving care. These challenges include issues understanding coverage levels, locating providers and navigating the insurance claims process. Issues like these were compounded for individuals with chronic conditions—90% of whom said they faced additional challenges, such as making sense of diagnoses or test results.

Employers spend a lot of time tailoring their health benefits to ensure they meet the needs of their employees. But, if only half of those employees can effectively use such benefits—let alone understand them—then employers may need to refocus their efforts. One of the best ways to help reduce employee confusion and maximize benefits value is through education.

Reach out to discuss a benefits communication plan and secure health literacy resources for your employees.

Understanding Individual Coverage Health Reimbursement Arrangements (ICHRAs)

HRAs reimburse employees for certain medical costs. Depending on the plan, such expenses may include doctor visits, medical procedures and prescriptions. An employee must be enrolled in their employer’s group health plan to qualify for an HRA.

ICHRAs are a bit different. These accounts can reimburse employees for certain medical expenses, insurance premiums or both. Whether an ICHRA will cover both premium and medical expenses is up to the employer.

To qualify for an ICHRA, an employee must enroll in individual health coverage using a Health Insurance Marketplace (Marketplace), a private insurer, Medicare or another method. In other words, an individual cannot be enrolled in an employer’s group health plan and qualify for an ICHRA.

ICHRAs can also be offered to different employee segments, adding even greater flexibility for employers. Reach out today to learn more about this exciting plan type and how it can help reduce your organization’s overall health care spending. (Download pdf)