The Department of Health and Human Services (HHS) has deemed as "unreasonable" health insurance rate hikes announced in nine states as high as 24 percent.

In the decisions announced yesterday, HHS determined that, after independent expert review, two insurance companies have proposed unreasonable health insurance premium increases in nine states—Arizona, Idaho, Louisiana, Missouri, Montana, Nebraska, Virginia, Wisconsin and Wyoming. The excessive rate hikes would affect more than 42,000 residents across these nine states.

Most rates are reviewed by states and many states have the authority to reject unreasonable premium increases.  Since the passage of the Affordable Care Act (ACA), the number of states with this authority has increased from 30 to 37, with several states extending existing “prior authority” to new markets.

The report released yesterday shows that:

• States such as Texas, Kentucky, Nevada and Indiana are reporting fewer requests for rate increases of more than 10 percent.
• States such as California, New York, Oregon, and many others have proactively lowered rate increases for their residents.
• The rate review program has made insurance companies explain their increases and more than 180 have been posted publicly and are open for consumer comment on companyprofiles.healthcare.gov.

Blue Cross Blue Shield of Tennessee (BCBST) has become the first company in the nation to settle over a medical data security breach, agreeing to pay $1.5 million to the Department of Health and Human Services (HHS).

The settlement stems from new security breach rules and fines imposed by 2009's Health Information Technology for Economic and Clinical Health (HITECH) Act.

Blue Cross Blue Shield was under fire for the loss of 57 unencrypted hard drives stolen from a no-longer-in-use storage facility. The hard drives contained recordings of customer service phone calls, but there was no evidence that the data was ever misused. (The drives contained the protected health information ((PHI)) of more than 1 million individuals, including member names, social security numbers, diagnosis codes, dates of birth, and health plan identification numbers.)

HHS implemented a breach notification Web site in early 2010, and the site averages 17 new breach notifications each month. Under HITECH, companies must immediately notify HHS of breaches covering 500 or more individuals as well as report them to the media. Smaller breaches can be reported to HHS on an annual basis.

“This settlement sends an important message that OCR [the HHS Office for Civil Rights] expects health plans and health care providers to have in place a carefully designed, delivered, and monitored HIPAA compliance program,” said OCR Director Leon Rodriguez. “The HITECH Breach Notification Rule is an important enforcement tool and OCR will continue to vigorously protect patients’ right to private and secure health information.”

In addition to the $1.5-million settlement, the agreement requires BCBST to review, revise, and maintain its privacy and security policies and procedures, to conduct regular and robust trainings for all BCBST employees covering employee responsibilities under HIPAA, and to perform monitor reviews to ensure BCBST compliance with the corrective action plan.

Eleven federal agencies are working together to aggregate government information necessary for America's "small businesses and exporters" onto one platform, which is now Business.USA.gov – a Web site in beta testing and open to further suggestions and input from users.

The site's "About Us" page explains:

BusinessUSA implements a “no wrong door” approach for small businesses and exporters by using technology to quickly connect businesses to the services and information relevant to them, regardless of where the information is located or which agency’s website, call center, or office they go to for help. Looking forward, the more federal agencies continue to add resources to BusinessUSA to encompass the full range of business programs and services, the more we will be able to reduce the confusing array of websites that exist today. To ensure that it is oriented towards the needs of the customer, BusinessUSA will be designed, tested, and built with the active feedback of U.S. businesses. This is where you come in.

The beta version of the Business.USA.gov web site is just the first step. In coming weeks and months, guided by your feedback, we will be adding new features and content, and opening new channels of communication to the BusinessUSA network such as call centers, email and social media. We will also seek to integrate state and local governments, as well as related private sector partners. This will help us better deliver the information you need on your own terms.

To better protect workers from hazardous chemicals, the U.S. Department of Labor's Occupational Safety and Health Administration has revised its Hazard Communication Standard, aligning it with the United Nations' global chemical labeling system. The new standard, once implemented, will prevent an estimated 43 deaths and result in an estimated $475.2 million in enhanced productivity for U.S. businesses each year.

"Exposure to hazardous chemicals is one of the most serious dangers facing American workers today," said Secretary of Labor Hilda L. Solis. "Revising OSHA's Hazard Communication Standard will improve the quality, consistency and clarity of hazard information that workers receive, making it safer for workers to do their jobs and easier for employers to stay competitive in the global marketplace."

The Hazard Communication Standard, being revised to align with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS), will be fully implemented in 2016 and benefit workers by reducing confusion about chemical hazards in the workplace, facilitating safety training and improving understanding of hazards, especially for low literacy workers. OSHA's standard will classify chemicals according to their health and physical hazards, and establish consistent labels and safety data sheets for all chemicals made in the United States and imported from abroad.

The revised standard also is expected to prevent an estimated 585 injuries and illnesses annually. It will reduce trade barriers and result in estimated annualized benefits in productivity improvements for American businesses that regularly handle, store and use hazardous chemicals, as well as cost savings of $32.2 million for American businesses that periodically update safety data sheets and labels for chemicals covered under the standard.

The new standard was introduced to the media during a briefing this morning.

With business tax-filing deadlines fast approaching, the Internal Revenue Service this week encouraged small employers that provide health insurance coverage to their employees to check out the small business health care tax credit and then claim it if they qualify.

The Small Business Health Care Tax Credit  page on IRS.gov is packed with information and resources designed to help small employers see if they qualify for the credit and then figure it correctly, according to an IRS press release. These resources include a step-by-step guide for determining eligibility, examples of typical tax savings under various scenarios, answers to frequently-asked questions, a YouTube video and a webinar.

The small business health care tax credit was included in the Affordable Care Act (ACA) enacted two years ago. Small employers that pay at least half of the premiums for employee health insurance coverage under a qualifying arrangement may be eligible for this credit. The credit is specifically targeted to help small businesses and tax-exempt organizations provide health insurance for their employees.

The U.S. Department of Labor (DOL) has announced the availability of new tools to support state agencies in detecting, preventing and recovering improper Unemployment Insurance (UI) payments as well as combating UI fraud.

The Fraud Tips and Leads Gateway, a new online tool, provides the public with a portal to report fraud. It will help states act quickly to aggressively investigate tips and leads as well as prosecute bad actors. In addition, the Labor Department is publishing new, consumer-friendly materials highlighting the most common mistakes that claimants make and what businesses can do to avoid the negative tax implications of improper payments. The department is working with states and through the workforce system to broadly display these materials in public areas and to post them online.

"Reducing improper Unemployment Insurance payments is crucial to maintaining the integrity of this vital lifeline for millions of American families, and we each have a role to play," said Secretary of Labor Hilda L. Solis. "Too many people don't know their responsibilities under the program, and too many businesses don't know what's at stake for them, especially the tax implications. The tools announced today will help educate consumers and businesses, and ultimately improve the UI system."

Rules from the Department of Labor (DOL) that kicked in Jan. 1 mandate that health insurers rebate to plan participants any money left over if they fail to achieve the goal of spending 80 to 85 percent of every premium dollar on medical care or health care quality improvement. The first payments would commence Aug. 1, 2012.

The spending goal is part of the reforms initiated under the Patient Protection and Affordable Care Act (PPACA) of 2010, and the implementing rules for the concomitant rebates were released this past December to take effect at the start of 2012.

However, the rebates (if they are triggered) don't necessarily go directly to the employee-participants. In some cases, the employer administering the plan can choose to use the rebates for premium reductions or for added health care benefits. Any money that employees do receive as a rebate will be non-taxable.

The Department of Health and Human Services today announced policies to assist states in building health care insurance exchanges.  Starting in 2014, these one-stop marketplaces will allow consumers and small businesses to choose a private health insurance plan and offer the public the same kinds of insurance choices as members of Congress.

The HHS final rule will help states in designing their exchanges to best meet the needs of their consumers.  The guidelines offer states substantial flexibility as they design a marketplace that works for their residents.

“These policies give states the flexibility they need to design an exchange that works for them,” said HHS Secretary Kathleen Sebelius. “These new marketplaces will offer Americans one-stop shopping for health insurance, where insurers will compete for your business. More competition will drive down costs and Exchanges will give individuals and small businesses the same purchasing power big businesses have today.”

Today’s policies provide states with the guidance and certainty they need as they continue to work to build these marketplaces for their residents for operation in 2014. The policies offer guidance about the options on how to structure Exchanges in two key areas:

• Setting standards for establishing exchanges, setting up a Small Business Health Options Program (SHOP), performing the basic functions of an exchange, and certifying health plans for participation in the exchange;
• Establishing a streamlined, Web-based system for consumers to apply for and enroll in qualified health plans and insurance affordability programs.

The final rule builds on the flexibility and resources provided by HHS already to build state-based exchanges.  A majority of states have taken significant steps in building exchanges. Previously, HHS had awarded 49 states and the District of Columbia $50 million to begin planning their exchanges, and as announced recently, 33 states and the District of Columbia have thus far received more than $667 million in Establishment Grants to begin building their exchanges.

The U.S. Department of Labor has sued the U.S. Postal Service, alleging discrimination and retaliation against a safety specialist who provided information to an employee wishing to file a safety complaint with OSHA.

The lawsuit, filed in the U.S. District Court for the Western District of Washington, resulted from an investigation by OSHA that found the Postal Service had violated the whistleblower protection provisions of Section 11(c) of the Occupational Safety and Health Act.

"An employee's right to report unsafe and unhealthy workplace conditions must be protected to ensure that workers are not injured or sickened on the job," said Dean Ikeda, OSHA's regional administrator in Seattle. "Hostility and retaliation against whistleblowers are simply unacceptable."

OSHA's investigation determined that the Postal Service followed a pattern of adverse actions against the safety specialist, who was assigned to the Seattle Process and Distribution Center, after learning that he had assisted another employee in exercising her rights under the OSH Act and provided her with OSHA's contact information. That employee later filed a formal complaint with OSHA alleging unhealthful conditions at the facility.

At a time when most pregnant women want and need to work, and more American workers struggle to balance work and family, discrimination against pregnant women and workers with caregiving responsibilities remains a significant problem, experts told the U.S. Equal Employment Opportunity Commission (EEOC) at a public meeting recently. The meeting follows up on commission meetings in 2007, when the Commission issued its groundbreaking “Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities” and in 2009 when the commission issued “Employer Best Practices for Workers with Caregiving Responsibilities”

“Pregnancy discrimination persists in the 21st century workplace, unnecessarily depriving women of the means to support their families,” said EEOC Chair Jacqueline A. Berrien. “Similarly, caregivers – both men and women – too often face unequal treatment on the job. The EEOC is committed to ensuring that job applicants and employees are not subjected to unlawful discrimination on account of pregnancy or because of their efforts to balance work and family responsibilities.”
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