In the 1980’s, Congress amended the Social Security Act to include the Medicare Secondary Payer Act (MSP), which effectively enacted Medicare liens. In 2003, the Government clarified its position that self-insured entities were also included in the MSP in passing the Medicare Act of 2003. Prior to the Act, Medicare did not have an efficient mechanism to identify or evaluate instances where Medicare’s liability should have been secondary. In 2003, the government took no steps to actively pursue settling Medicare eligible plaintiffs. Medicare lacked efficient mechanisms to pursue cases where its liability should have been second to the responsible party.
On December 29, 2007, the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) was signed into law. MMSEA amended the MSP to impose new reporting duties on liability insurance plans, private self-insured entities, Group Health Plans, no fault insurance plans and Workers’ Compensation plans. Read more
The Florida Office of Insurance Regulation announced that it has approved a rate decrease for workers’ compensation insurance in Florida. The 1.8% decrease was filed by the National Council on Compensation Insurance (NCCI) in a law-only filing resulting from the effects of the Federal Tax Cuts and Jobs Act. This applies to both new and renewal workers’ compensation insurance policies effective in Florida on or after June 1, 2018.
For more information about the filing, read the official release from the Florida Office of Insurance Regulation.
Throughout my work of consulting with businesses in all aspects of workers compensation, I’m always asked a basic question about workers compensation payroll so I thought I’d elaborate for all. Most of us know that workers compensation premium is a function of rates defined by insurance carriers (and approved by various state insurance departments) and payroll by classification code. Because this is relatively straight forward, it’s easy to gloss over “what is considered ‘payroll’ for workers compensation purposes?”
Incorrect payroll has a direct impact on workers compensation premium, and it’s critical that the correct payroll be used. Under-report payroll and you’ll have a large, nasty audit bill hit you 3 months after the policy expires (100% due in full, by the way); over-report payroll, and you drag down your cash flow throughout the year, and then wait for your money back at the audit.
Below is a comprehensive list of the inclusions and exclusions for “payroll” as defined by the National Council on Compensation Insurance (NCCI):
Hurricane damage can’t always be prevented or eliminated, but with some careful forethought, it can be mitigated long before a storm arrives. There are some obvious preventative measures that can be conducted that require out of pocket expense like inspecting/repairing/upgrading the roof cover and perimeter flashing or installing hurricane shutters, but for the purposes of this article we will focus on the activities that businesses can perform that require no more investment than time and energy. These are broken into Pre-Hurricane, Warning, During, and After-Hurricane phases.
In most cases, hurricane planning activities should be implemented prior to Hurricane Season which begins June 1st and continues through October 31st. However, there are plenty of measures you can take immediately before, during, and after a hurricane to reduce loss.
How Does Hurricane Damage Occur?
Hurricanes are rated by category; 1 through 5 depending on the documented wind speed. Widespread damage begins when a hurricane reaches the upper limit of a Category 2, around 110 mph. At this speed, the wind is sufficient enough to literally suck the roof cover from all or part of the building. In addition, high winds have the ability to turn most windblown debris into missiles, thereby breaking windows and doors. These openings then allow more wind to enter the building which creates additional upward forces on the roof. If a roof hasn’t been sucked off the building from the primary forces, once there are openings in the building, these secondary forces are sure to help blow the roof off the building. Once the roof is all or partially removed, and additional secondary holes have been punched in a building, the interior and contents are much more likely to be damaged or destroyed by rain that typically accompanies a hurricane.
Pre-Hurricane Preventive Measures
Once a hurricane is on its way, resources start to become scarce and much more expensive. Highlighted below are activities businesses can perform prior to hurricane season so that they can resume operations as quickly as possible after the storm.
- Create or customize a checklist of activities that can be used during all phases of the storm.
- Appoint an individual to monitor weather forecasts and track impending hurricanes.
- Qualify and pre-commit contractors and suppliers for post-hurricane repairs. (Use firms not likely to be affected by the same hurricane.)
- Consult with emergency management authorities to identify evacuation routes.
- Stock supplies and prepare needed equipment (rations, generators, radios, flashlights w/ batteries, medical supplies, and lumber/tools/hardware).
- Relocate valuable on-floor equipment/storage to protect from water damage.
As the Hurricane Approaches (Warning Phase)
- CASH is king! Obtain and keep accessible as much as possible as banks may not be open following the storm.
- Brace lightweight doors from the inside to minimize the chance of them blowing in.
- Fill fuel tanks, generators, vehicles, etc.
- Protect or move valuable papers and important documents to a safe location.
- Close valves on gas lines and if possible disconnect the electric supply at the service entrance.
- Clean the roof drains, gutters, and downspouts.
- Initiate orderly shutdown of equipment sensitive to sudden loss of power.
- Evacuate personnel.
During the Hurricane
- Personnel remaining should check for roof leaks, broken windows and piping, fires, and initiate emergency responses as needed.
- If power failure does occur, disconnect circuits so they cannot be reenergized without checking for damage.
After the Hurricane
- Survey the damage and establish priorities.
- Board up openings.
- Check circuits and equipment before restoring power.
- Follow your pre-established salvage reconstruction and recovery plan using key employees and outside contractors.
Damage from hurricanes may be inevitable, but with some careful pre-planning and diligent execution of strategic activities, you can significantly reduce the cost associated with a hurricane. Costs can escalate significantly once you consider property/wind insurance deductibles, lost production time, and supply chain disruptions. A risk manager or insurance agent can help you identify and prioritize the most critical exposures for your particular business.
NAPLES, FL (February 29, 2016) – Gulfshore Insurance, a leading insurance agency, has announced the promotion of John Keller, Director of Risk Management & Claims, to the position of Vice President of Commercial Sales. In his new role, Keller will oversee the day-to-day management of the Commercial Sales Team and focus on the recruitment and development of new Commercial Lines Client Advisors.
“John has done an excellent job building the Risk Management and Claims support services that have been so vital to Gulfshore Insurance. I look forward to John’s contributions in the development of our growing Commercial Lines Sales Team,” said Jack Powers, Chief Sales Officer.
Keller joined Gulfshore Insurance in 2011. In his role as Director of Risk Management, John partnered with Commercial Client Advisors in the field, supporting their sales efforts with key prospects and providing ongoing service to clients. John has also been an important member of Gulfshore Insurance’s Strategic Management Team over the past three years.