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The Volunteer Protection Act

By Business Insurance

To promote volunteerism, the Volunteer Protection Act (VPA) was signed into law in 1997. This act pre-empts existing, looser state laws protecting nonprofit volunteers, encouraging the public to participate in social service.

Overview of the Volunteer Protection Act

The VPA protects volunteers against civil liability under the following conditions:

  • The volunteer was acting within the guidelines of his or her job description
  • The volunteer had the proper licenses, certifications or was authorized to act, and those acts were within his or her job description
  • The volunteer did not cause harm that was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed
  • The volunteer did not inflict harm while using a motor vehicle, aircraft or other vehicle

The VPA provides consistent protection for all nonprofit personnel since state laws vary. More specifically, many states only provide protection to the organization’s director or board members, while others protect everyone associated with the organization.

The VPA does not, however, protect a volunteer from litigation brought by the organization onto the volunteer for violating one of previously mentioned criteria.

Most importantly, the VPA does not protect the nonprofit organization from litigation; it only protects the volunteer. In other words, the organization may be liable for the negligent actions of the volunteer, even when the volunteer is immune from litigation under the VPA. Therefore, the burden of responsibility is on the organization to assure that its volunteers are acting in a lawful manner while carrying out the duties assigned to them by the nonprofit.
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CARES Act Expands Health Coverage Rules

By Group Benefits

On March 27, 2020, the U.S. Congress passed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to provide $2.2 trillion in federal funding to address the COVID-19 crisis. The President signed the CARES Act into law the same day.

Following and building upon two other federal laws that were recently enacted to address the pandemic—the Families First Coronavirus Response Act (FFCRA) and an emergency funding bill—the CARES Act makes a variety of changes affecting health plans.

Health Plan Coverage Provisions
The CARES Act includes provisions to:

  • Expand the types of coronavirus testing that all comprehensive private health insurance plans must cover without cost-sharing or barriers under the FFCRA;
  • Accelerate the process that would make permanent the requirement for health plans to cover preventive services and vaccines related to COVID-19;
  • Allow telehealth and other remote care services to be covered under a high deductible health plan (HDHP) before the deductible is met, without affecting the HDHP’s compatibility with Health Savings Accounts (HSAs) (applicable for HDHP plan years beginning on or before Dec. 31, 2021); and

Treat additional over-the-counter medications, along with menstrual care products, as qualified medical expenses that may be paid for using HSAs or other tax-advantaged arrangements.

COVID-19 ECONOMIC INJURY DISASTER LOAN APPLICATION CLICK, HERE.

 

Families First Coronavirus Act (FFCRA)

By Personal Insurance

Please see below for the latest on FFCRA – updated DOL guidance, a Q&A doc, and IRS guidance on the tax credits.

Visit the DOL website for more Q&As, fact sheets, posters, etc. You must comply with the notice provisions below by April 1, 2020.

Delaware Health and Social Services, Division of Public Health released a notice on Essential Services Screening Recommendations for COVID-19, also below.

DOL Guidance on FFCRA Employer Leave Requirements

Families First Coronavirus Response Act – Questions and Answers

IRS Issues Guidance on Tax Credits for Coronavirus (COVID-19) Paid Leave

FFCRA Poster

Essential Services Screening Policy

 

 

Coronavirus Relief Laws Require Paid Employee Leave

By HR Services

As part of sweeping legislation signed into law by President Trump on March 18, 2020, two laws were enacted that provide workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic. One of the new leave provisions, the “Emergency Family and Medical Leave Expansion Act,” allows 12 weeks of partially compensated FMLA leave to care for a child whose school or child care facility has been closed due to COVID-19. The leave applies only to workers who have been employed by their current employer for 30 days.

The other new law providing employee leave, the “Emergency Paid Sick Leave Act,” requires employers to provide 80 hours of paid sick time to employees in specified circumstances, including:

  • A quarantine or isolation order for the employee or someone the employee is caring for, or medical advice to self-quarantine;
  • When the employee has symptoms of COVID-19; or
  • When the employee’s child’s school or child care facility is closed.

Employers with 500 employees or more are exempt from the laws, and employers may exclude employees who are health care providers and emergency responders. The legislation also allows for future regulations
exempting businesses with fewer than 50 employees from providing leave for child care reasons if the leave would jeopardize the viability of the business.

The laws take effect within 15 days of passage; the leave benefits will expire on Dec. 31, 2020. Employers should familiarize themselves with the new leave requirements to ensure compliance.
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Homeowners Insurance Policy Q&A

By Personal Insurance

Know Your Insurance

The best time to learn about what’s included in a basic homeowners insurance policy is before you have a claim. We’ve gathered the answers to the most common “Am I covered if…” questions about your homeowners insurance policy to help you to minimize any coverage surprises.

What property and perils are excluded from my policy?

Typically, coverage does not apply to damage caused by flood, surface water, water that backs up through sewers or drains, earth movement, nuclear damage, war, etc. Personal liability and medical payments do not apply to the operation, ownership, use, etc., of any aircraft, automobile, RV, water craft powered by more than 50 horsepower motor; bodily injury or physical damage caused by an intentional act of the insured.
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Coronavirus and the Workplace

By Business Insurance, Group Benefits, HR Services, Safety Services

Compliance Issues for Employers

 

As the number of reported cases of the novel coronavirus (COVID-19) continues to rise, employers are increasingly confronted with the possibility of an outbreak in the workplace.

Employers are obligated to maintain a safe and healthy work environment for their employees, but are also subject to a number of legal requirements protecting workers. For example, employers must comply with the Occupational Safety and Health Act (OSH Act), Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) in their approach to dealing with COVID-19.

There are a number of steps that employers can take to address the impact of COVID-19 in the workplace. In addition to reviewing the compliance concerns outlined in this Compliance Bulletin, employers should:

• Closely monitor the CDC, WHO and state and local public health department websites for information on the status of the coronavirus.
• Proactively educate their employees on what is known about the virus, including its transmission and prevention.
• Establish a written communicable illness policy and response plan that covers communicable diseases readily transmitted in the workplace.
• Consider measures that can help prevent the spread of illness, such as allowing employees flexible work options like working from home. are enforced.
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Employee Navigator – Group Benefits Administration

By Group Benefits

BHI offers an online benefits administration website complimentary for our clients. Watch this video to learn more about how Employee Navigator can help your company!

If you are a current client and need to get your company information uploaded to Employee Navigator, complete the Employee Navigator Enrollment Census and email to Logan Worsh.

 

For any questions or more information about Employee Navigator, contact Logan Worsh.

lworsh@bhi365.com
302-995-2248

 

Control Your Mod

By Business Insurance, Insurance, Safety Services

Top 10 Ways To Control Your Mod

Your experience modification factor, or mod, is an important component used in calculating your workers’ compensation premium. If you can control your mod, you can lower your price — so we’ve gathered top tips to help you impact your bottom line.

 

  1. Investigate accidents immediately and thoroughly; take corrective action to eliminate hazards, and be aware of fraud.
  2. Report all claims to your carrier immediately. Alert the carrier to any serious, potentially serious or suspect claims. Frequently monitor the status of the claim, and communicate with the adjuster to resolve them as quickly as possible.
  3. Take an aggressive approach to providing light duty to all injured employees upon their release from treatment. Supervise light duty employees to ensure their conformance with restrictions.
  4. In serious cases that involve lost time, communicate with the claims adjuster to demonstrate your interest in returning the injured employee back to gainful employment.
  5. Set safety performance goals for those with supervisory responsibility. Success in achieving safety goals should be used as one measure during performance appraisals.
  6. Develop a written safety program, and train employees in their responsibilities for safety. Incorporate a disciplinary policy into the program that holds employees accountable for breaking rules or rewards them for correctly following safety procedures.
  7. Frequently communicate with employees, both formally and informally, regarding the importance of safety.
  8. Make safety a priority – senior management must be visible in the safety effort and must support improvement.
  9. Evaluate accident history and near-misses at least monthly. Look for trends in experience, and take corrective action on the worst problems first.
  10. Talk to your BHI Advisor, Account Manager, or Director of Risk Control to ensure success.

BHI is Insurance. Done Differently.

By Business Insurance, Group Benefits, HR Services, Insurance, Personal Insurance, Safety Services


John Boykin
President & CEO
BHI

Business owners have so much on their plate these days, and many times the last thing on their mind is insurance. As a business owner, what do you think about when someone says the word “insurance”? Does it bore you? Do you roll your eyes? When was the last time you reviewed your insurance portfolio? Even the word itself has a bit of an outdated and traditional undertone. We get it, and we’re doing everything we can to change the market and our client and prospects’ antiquated outlook on “insurance.” We believe it’s one of the most important pieces to put in place for business continuity and not worthless paper stacked on a shelf that you hope you never have to use!

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