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OCR Expects Consistency in HIPAA Breach Response

When investigating a breach of IT network security leading to leakage of protected health information, HHS looks for consistency in the covered entity’s response — with both HIPAA rules and the organization’s own written procedures, according to a former official with HHS’ Office for Civil Rights. OCR tends to “expect a perfect assessment done the […]

Federal Contractors’ FMLA Policies Face New Scrutiny from Executive Order

By Peter A. Susser     Federal contractors’ administration of family leave will face unprecedented scrutiny as a result of a new executive order from President Obama. The order requires the disclosure of labor law violations committed by would-be contractors, and a determination of whether that candidate is satisfactorily responsible and ethical. The order is […]

Ruling: Providers Are Not ERISA Beneficiaries

In a decision sharply at odds with a recent Illinois ruling, a federal district court in Arizona held that health care providers cannot be characterized as plan beneficiaries who can sue to compel payment of ERISA benefits. The court rejected the view that a direct payment for services is an ERISA benefit that give providers […]

HR Timewasters—Let’s Find Out What’s Destroying HR Productivity!

Dear Readers, Please take a few minutes to complete this survey and help us (and you) find out what’s happening in the real world of HR management. The survey takes only a few minutes to complete. Complete the Survey Now Compensation.BLR.com, now thoroughly revved with easier navigation and more complete compensation information, will tell you […]

The Gamification of Training

Gamification can help engage learners in training and help them retain information, complete training, and keep their skills current, says Steve Sims, chief design officer for Badgeville and founder of its Behavior Lab. “Gamification” is the application of technology through games and other mechanisms to “tap into motivation and get people to do things,” he […]

Determining whether variable-hour employees are entitled to offer of health insurance

by Gesina (Ena) M. Seiler Beginning January 1, 2015, the Affordable Care Act (ACA) will require large employers (with 100 or more full-time and full-time equivalent, or FTE, employees–in 2016 it drops to 50 or more employees) to offer minimum essential health insurance coverage to at least 70 percent (increasing to 95 percent in 2016 […]

Your Manager’s Worst Sin—Envy, Greed, or Sloth?

[Go here for sins 1 to 4 and a bonus sin] Sin 5. Envy Envy makes managers do things that aren’t appropriate for the company. For example: Gaming the compensation system. For example, giving a higher-than-deserved performance rating in order to award a higher raise to an average employee who is high in the range. […]

New QLACs Establish Foundation for DC Annuitization

By Robert Toth Jr.     Lifetime income for 401(k) plans have been getting a lot of press, driven in large part by efforts by the U.S. Departments of Labor and Treasury to find ways to promote retirement security. IRS took a substantial step in making these defined contribution lifetime income efforts become a reality […]

ERISA Does Not Free Self-Funded Plans from Paying Michigan’s Claim Tax

The Self-Insurance Institute of America has lost a round in its battle against a state-imposed tax on ERISA health plans. In a new ruling, the 6th U.S. Circuit Court of Appeals held that Michigan’s health care claims tax withstood SIIA’s preemption arguments, because the law doesn’t interfere with the parts of plan administration reserved exclusively […]