What do I do if an employee is exposed to or tests positive for COVID-19?

As many businesses return to work after the stay-at-home order from the COVID-19 pandemic and even as essential businesses continue to work amidst the quarantine business owners may question how they should handle symptoms or positive cases in the workplace. The following protocol has been recommended by Employment and Business Law attorney Terin Cremer of Barbas Cremer, PLLC:

If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace BUT maintain confidentiality as required by the Americans with Disabilities Act (ADA). Those who have symptoms should self-isolate and follow CDC recommended steps:

– Employees should not return to work until the criteria to discontinue home isolation are met and cleared by healthcare provider

– Pre-screen employees (e.g., measuring the employee’s temperature and assessing symptoms of COVID-19 prior to starting work) and perform regular medical monitoring (e.g., the employee should self-monitor for symptoms or follow up with the employer’s occupational health program) of exposed workers.

– Consult with an occupational health provider and state and/or local health officials to ensure that medical monitoring is conducted appropriately.

Maintaining open, honest communication will assist with keeping everyone as healthy as possible and the workplace as safe as can be, which also limits a business owner’s liability exposure. Stay tuned for updates and additional tips on how to handle these types of situations and be safe!

 

Important updates on FFCRA and employee leave

With the Coronavirus being something new to most people as of this year, it is to be expected that the way we react to and handle it to be unfamiliar territory. Even just this week, the FFCRA (Families First Coronavirus Response Act) guidelines were challenged after some DOL (Department of Labor) changes. This stemmed from a court hearing in New York but could trickle out to the rest of the US as well. Here is some important information from our valued HR partner, Think HR:

FFCRA Leave Significant Rule Changes

A federal court in New York recently struck down four federal DOL rules related to the leaves provided by the FFFCRA. As a result, certain aspects of the FFCRA are now more favorable to employees. Unfortunately, it’s not clear if the ruling applies nationwide or only in the Southern District of New York, where that court is located. Until there is further activity in the case which may clarify whether the rules remain intact throughout the rest of the country we recommend that employers err on the side of caution when administering FFCRA leaves and assume these particular rules no longer apply.

What is clear is that these four rules definitely do not apply to the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester (i.e., the Southern District of New York).

Here are the rules that the court invalidated:

1. The requirement that work be available for an employee to use leave
– DOL Rule: The DOL said that for an employee to use Emergency Paid Sick Leave (EPSL) or Emergency Family and Medical Leave (EFMLA, aka EFMLEA), the employer had to have work available for them during the time they needed leave. For instance, if an employee was furloughed while sick with COVID-19, they would not be eligible for EPSL.

– The Court’s Ruling: Availability of work is irrelevant. If an employee is still employed, whether on the schedule or not, they should be allowed to use FFCRA leave for qualifying reasons.

2. The requirement that employers agree to intermittent leave
– DOL Rule: Employees must get approval from their employer to use intermittent leave to care for their children when their school or place of care is unavailable because of COVID-19.

– The Court’s Ruling: If an employee needs intermittent leave (partial weeks or partial days off) to care for their child whose school or place of care is unavailable because of COVID-19, the employer must allow it.

3. The requirement that employees provide documentation before taking leave
– DOL Rule: Employers could require that employees provide certain documentation before being allowed to take FFCRA leave or before designating the leave as EPSL or EFMLA.

– The Court’s Ruling: Employers can still require documentation (which is necessary to get their tax credit), but they can’t prevent an employee from starting leave until the documentation is received. The law clearly states that an employee must provide notice as is practicable when taking EFMLA leave and after the first workday of leave when taking EPSL.

4. The definition of health care provider, for the purpose of exemption from leave
– DOL Rule: The DOL had defined health care providers broadly, to include anyone who works for a healthcare entity and many who contract with one. (The rule was so broad that a custodian working at a drugstore or an English professor at a university with a medical school could be exempt.)

– The Court’s Ruling: The definition is too broad. However, the court did not provide a new definition. We recommend that employers apply the exemption only to those employees capable of directly providing healthcare services.

As a partner of Think HR, we will pay close attention for activity in this particular case and will let employers know if and when things change or become clearer.

 

Does Medicare cover hearing aids?

Asking for a friend, right? Nah, don’t be silly. Hearing loss is a real thing! According to the National Institute on Deafness & Other Communication Disorders, 8.5% of adults age 55-64 experience significant hearing loss. Technology today has created some pretty incredible hearing aids to solve this problem, however they can be rather pricey. It may not seem possible to put a price tag on the sound of your grandchild’s voice that warms your heart, a honking horn in traffic that keeps you safe, a movie you’d like to enjoy with your spouse, or your favorite song but the reality is that, given how far they’ve come, the average cost of hearing aids in 2020 is around $2,500 each.

Individual insurance policies do not typically cover hearing aids and neither does original Medicare (parts A&B). Therefore a Medicare Supplement, such as the most commonly known Plan F, does not cover them either. Supplements only extend coverage to what original Medicare covers first so if it’s excluded by parts A&B, it’s excluded by the Supplement as well.

Some Medicare Advantage plans will offer coverage for hearing aids with a copayment. Medicare Advantage plans, such as the Blue Medicare Choice PPO from Florida Blue, take the place of original Medicare. They function more like an individual under-65 health plan in that they have copays, coinsurance, deductibles, out of pocket maximums and prescription drug coverage built in. These plans usually have a lower monthly premium but more out of pocket expenses for medical services. The Florida Blue Advantage plan that we have and are most familiar with has a copay of $699-$999 per hearing aid (with up to two aids per year), depending on the details of the aid itself.

Hearing aids and any available insurance coverage for them varies from plan to plan and company to company. If you’re considering them, please talk with your doctor and your insurance advisor to fully understand what may be available to you. We’re happy to hear out any questions you may have.

 

Why We Want to High Five You at 64.5!

Medicare has been so closely associated with the age of 65 for so long now that many people think they can wait until they actually turn 65 to address their health insurance needs and begin that transition. With regard to eligibility and actually enrolling in Medicare, that’s perfectly fine since you have a 7 month window surrounding your 65th birthday to do so. However, there are several things to consider as you approach 65 that make it really beneficial to do your research and get things moving in that direction in advance. This being said, we encourage that you start this process at 64.5.

If you are still working, there are things to consider such as comparing your employer provided group coverage to that of Medicare for both coverage and cost. Another important factor is if you are contributing to an HSA, you must stop at least 6 months before going on Medicare for tax purposes. Also, if you currently have a spouse and/or family members on your plan that will need to come off, you’ll want some time to quote that and make arrangements financially as it can be much more costly than what you’ve been used to.

Whether you are working with a financial advisor or not, you will want to plan for Medicare financially and weight out your options. Gathering all of the information on Advantage plans vs Supplements and those cost differences will help you decide what aligns with your budget. There are also many prescription drug plans you can shop in order to make the right decision for you.

All of this can take time and there is no need to wait, which will only add more stress to an already somewhat overwhelming process. We have a 64.5 checklist that may be helpful if you’d like to see the steps we advise taking at that time. And of course, we’re always ready and willing to hand out some high fives for being on top of your Medicare at 64.5!

 

“What flood zone is my home in?”

This is such a common question we hear from home owners as well as realtors and mortgage lenders when it comes to property in Florida. Although it’s been proven that the majority of flood claims come from low risk flood zones (determined by FEMA), it’s still extremely important to know what level of risk you have for your home to potentially sustain flood damage.

There is a new tool called Flood Factor from First Street Foundation that can help determine the flood risk of a property just by entering the physical address. This tool can tell you approximately what percentage the chances are of your property being damaged by flood and what amount of flooding might occur. There are also projections up to 30 years into the future of how that could change over time. And if youre interested, you can see some further statistics on your zip code, county and state within this tool as well.

This is beneficial in many ways but mostly to bring awareness to home owners of what their own situation is with regards to flooding and also what threats the surrounding areas may face. This also brings to light some gaps in the current FEMA mapping system, especially in smaller communities and rural areas. FEMA has reportedly only mapped one third of the nation’s riverine and coastal floodplains. That’s not nearly enough! But without an appropriate level of funding from Congress, that won’ be completed. This tool also helps with planning, identification of hazard mitigation opportunities, and conducting emergency response action plans.

One thing to note is that this tool is limited on how many details it knows about the property so it will not take into account things like community action, manual drainage systems put in place, etc.
It has been discovered that even just one inch of flooding can cause up to $27,000 of damage to your home so this isn’t something to take lightly. Most standard home owners and renters insurance policies do NOT cover flooding so it’s worth checking this out and seeing if you need a separate flood insurance policy. For more information on flood insurance or to obtain a quote, please contact us at (352) 371-7977 or [email protected].