HHS Delays Employer Requirement to Provide Health Insurance Exchange Notices

Originally set as March 1 this year, the deadline for all employers to inform their workforces about how the new health insurance exchanges will operate has been delayed, with no new date offered. The Health and Human Services (HHS) Department fact sheet explaining the delay indicates it would be "will coordinate[d] with the open enrollment period […]

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Appeals Court Invalidates Obama’s Three ‘Recess’ NLRB Appointments

Three appointments to the National Labor Relations Board (NLRB) by President Obama using his "recess appointment" authority are unconstitutional, the U.S. Court of Appeals for the District of Columbia ruled today. The three-justice panel ruled that the Senate is in recess only between one Congressional session and the next, which was not the case when […]

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DOL Issues Guidance on FMLA Leave for Adult Children

The Department of Labor (DOL) this month released a new fact sheet on Family and Medical Leave Act (FMLA) leave to care for an adult child, stepchild, adopted child, legal ward or someone for whom the employee stands in loco parentis. In a nutshell, here is the answer: In general, an employee may not take […]

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OSHA Log 300 Injury and Illness Report Must Be Posted by Feb. 1

The OSHA Log 300 "Summary of Work-Related Injuries and Illnesses" must be posted by all businesses by Feb. 1, 2013, and kept up until April 30, 2013. The posting must be certified by the owner or highest-ranking official at the site, and each year's Log 300 must be retained on file for five years following […]

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EEOC Seeks Public Commentary on Its Strategic Plan

The Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public comments regarding its priorities in its federal sector program as part of the agency's recently approved Strategic Enforcement Plan (SEP) for Fiscal Years 2013-2016. The SEP mandated that the agency "determine how enforcement priorities for the federal sector will be reflected in […]

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Health Insurance Exchanges Relabeled as ‘Marketplaces’

In the past week, the Department of Health and Human Services (HHS) has begun referring to the health insurance exchanges mandated by the Patient Protection and Affordable Care Act (PPACA) as "marketplaces." Fans of PPACA say the renaming was done to ease the public's understanding of what the exchanges are for (to buy health insurance), […]

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The HIPAA/HITECH Megarule Published and in Effect March 26

The U.S. Department of Health and Human Services (HHS) moved forward today to strengthen the privacy and security protections for health information established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  The final omnibus rule, published today in the Federal Register, greatly enhances a patient’s privacy protections, provides individuals new rights to […]

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HHS Secretary Proposes Rule to Ease Access to Health Insurance

Health and Human Services (HHS) Secretary Kathleen Sebelius has released a proposed rule that promotes consistent policies and processes for eligibility notices and appeals in Medicaid, the Children's Health Insurance Program (CHIP), and Exchanges and gives states more flexibility when operating their Medicaid programs.  “Before the health care law was passed, millions of Americans were […]

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HHS Extends Deadline on States’ Decision on Setting up Health Insurance Exchanges

The Department of Health and Human Services (HHS), which was under a deadline of Jan. 1, 2013, to determine if the states were ready to set up health insurance exchanges as mandated by the Patient Protection and Affordable Care Act (PPACA), but it has extended the deadline until Feb. 15. Since only 18 states and […]

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Acting General Counsel Releases Summary of NLRB Activities for FY 2012

National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon has released a summary of the board's activities during Fiscal Year 2012. Here are some details he selected for emphasis: 93.9% of all initial union elections were conducted within 56 days of the filing of the petition. Initial elections in union representation elections were conducted […]

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