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          <title>Wilson Heirgood Associates News</title>
          <link>http://whainsurance.com</link>
          <description>This is the news feed for Wilson-Heirgood Associates</description>
          <copyright>9/8/2010 6:56:32 AM</copyright>
          <pubDate>Wed, 08 Sep 2010 10:56:32 GMT</pubDate>
          <atom:link href="http://cms.crosstechpartners.com/_RSS.ashx?Group=WHA&amp;Id=08715069-8653-4d9d-bd2a-0ffe903026e3" rel="self" type="application/rss+xml" />
          <item>
               <title>Oregon School Zone Driving</title>
               <description>This is a reminder that come September 7, 2010, those flashing yellow lights or signs stating "20 MPH during School hours 7am to 5pm" will be enforced. </description>
               <content:encoded><![CDATA[<p><strong><span style="color: #005596; font-size: 10pt;">School Zone Driving</span></strong> </p>
<p style="text-align: justify;"><span style="color: #005596; font-size: 10pt;">September is closing in and that means children will be back to school soon. For the past few months, our routes have taken us through these areas without worrying about children or lowering our driving speed. This is a reminder that come September 7, 2010, those flashing yellow lights or signs stating "20 MPH during School hours 7am to 5pm" will be enforced. In Oregon, the minimum fine for these areas is approximately $400. Buses will be out transporting students to and from school as well. Remember you must stop for all buses when they have the red/amber flashing lights on. <br />
<br />
<span style="color: #005596; font-size: 10pt;">Best Practices for School Zones:<br />
 <br />
•  Follow all posted speed signs
<p style="text-align: justify;">•  Be aware of surroundings at all times and eliminate distractions </p>
<p style="text-align: justify;">•  Find alternate routes if possible </p>
<p style="text-align: justify;">•  Stop at all crosswalks marked and unmarked as pedestrians have the right of way </p>
<p style="text-align: justify;">•  Stop for all buses with red flashing lights </p>
<p><em><br />
<br />
Copyright 2010 SDAO, <a href="mailto:emarketing@sdao.com">emarketing@sdao.com</a> 800-285-5461</em></p>
</span></span></p>
]]></content:encoded>
               <crossTech:Body>&lt;p&gt;&lt;strong&gt;&lt;span style="color: #005596; font-size: 10pt;"&gt;School Zone Driving&lt;/span&gt;&lt;/strong&gt; &lt;/p&gt;&lt;p style="text-align: justify;"&gt;&lt;span style="color: #005596; font-size: 10pt;"&gt;September is closing in and that means children will be back to school soon. For the past few months, our routes have taken us through these areas without worrying about children or lowering our driving speed. This is a reminder that come September 7, 2010, those flashing yellow lights or signs stating "20 MPH during School hours 7am to 5pm" will be enforced. In Oregon, the minimum fine for these areas is approximately $400. Buses will be out transporting students to and from school as well. Remember you must stop for all buses when they have the red/amber flashing lights on. &lt;br /&gt;&lt;br /&gt;&lt;span style="color: #005596; font-size: 10pt;"&gt;Best Practices for School Zones:&lt;br /&gt;&lt;br /&gt; Follow all posted speed signs&lt;p style="text-align: justify;"&gt; Be aware of surroundings at all times and eliminate distractions &lt;/p&gt;&lt;p style="text-align: justify;"&gt; Find alternate routes if possible &lt;/p&gt;&lt;p style="text-align: justify;"&gt; Stop at all crosswalks marked and unmarked as pedestrians have the right of way &lt;/p&gt;&lt;p style="text-align: justify;"&gt; Stop for all buses with red flashing lights &lt;/p&gt;&lt;p&gt;&lt;em&gt;&lt;br /&gt;&lt;br /&gt;Copyright 2010 SDAO, &lt;a href="mailto:emarketing@sdao.com"&gt;emarketing@sdao.com&lt;/a&gt; 800-285-5461&lt;/em&gt;&lt;/p&gt;&lt;/span&gt;&lt;/span&gt;&lt;/p&gt;</crossTech:Body>
               <crossTech:Image1 />
               <crossTech:Image2 />
               <crossTech:Image3 />
               <crossTech:Image4 />
               <dc:creator>SDAO </dc:creator>
               <link>http://whainsurance.com/article.html?a=oregon-school-zone-driving</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=oregon-school-zone-driving/3372bf48-0f4f-4c23-83f2-078ea3e5fcff</guid>
               <pubDate>Fri, 03 Sep 2010 16:00:00 GMT</pubDate>
               <crossTech:date>9/3/2010</crossTech:date>
               <category>Public Entities</category>
               <category>Life &amp; Health</category>
               <category>Trucking</category>
          </item>
          <item>
               <title>Boost Safety to Control Risks, Cut Losses</title>
               <description>The recession appears to be waning, but trucking still is feeling;the downturn's effects and is keeping a watchful eye on expenses, including insurance.</description>
               <content:encoded><![CDATA[<br />
<div style="text-align: justify;">
&nbsp;&nbsp;&nbsp; The recession appears to be waning, but trucking still is feeling  the downturn’s effects and is keeping a watchful eye on expenses, including insurance. Going without insurance is unthinkable, of course, but some control over the costs is possible with careful monitoring and deliberate action in the areas of risk management and loss control.<br />
<br />
&nbsp; &nbsp; Fleets that implement effective risk-management programs are more attractive to insurers, leading to more favorable pricing and coverage. This is particularly true for firms with fewer accidents per mile and fewer loss dollars when compared with firms of similar size and operation.<br />
<br />
&nbsp; &nbsp; Although this program seems fairly obvious, there always are carriers whose management thinks they can’t afford it. That’s understandable, but also shortsighted, because cutting corners could put a firm in jeopardy if losses rise.
<br />
<br />
&nbsp;&nbsp; Instead of taking chances, carriers should determine what they can do to operate better and more safely while also controlling costs. In an effort that must start at the highest levels of company leadership, carriers must identify and analyze the full range of risks and take action to mitigate them. That includes making sure that everyone who works for your company understands the importance of safety in general and risk control in particular.<br />
<br />
&nbsp; &nbsp; Insurance should be a major part of that effort. Because trucking companies face a wide range of potential losses, coverage of all types is needed, including, but not limited to: auto liability, workers’ compensation, physical damage, cargo and property.
<br />
<br />
&nbsp; &nbsp; Active loss-control strategies must be equally comprehensive because no matter how careful a carrier may be, accidents do happen, and some losses simply can’t be avoided.<br />
<br />
&nbsp; &nbsp; If an accident occurs, a carrier that is forced to react without the benefit of prior planning loses much of its control of the situation. Law enforcement may have to be involved, along with attorneys and claims professionals.
<br />
<br />
&nbsp;&nbsp;&nbsp; Managing post-loss fallout can be expensive, confusing and time-consuming.
<br />
<br />
&nbsp;&nbsp;&nbsp; To avoid that scenario, budget in an orderly and cost-effective way both for preventive activities and for a well-planned strategy for post-loss actions — and do it well ahead of time. Strategies for keeping safety loss at a minimum may even provide a possible defense if the situation winds up in court.
<br />
<br />
&nbsp;&nbsp;&nbsp; On a more positive level, a corporate commitment to safety helps attract customers. As shippers’ margins have shrunk, they have become more demanding about lower rates and greater safety. They want to be sure their transportation partners have measures in place to prevent loss and disruption to their businesses. They also want reliable, well-maintained trucks and trained drivers with good safety records.
<br />
<br />
&nbsp;&nbsp;&nbsp; A solid risk-management program also can help to recruit and retain quality drivers with the solid safety records required by the Federal Motor Carrier Safety Administration’s upcoming CSA program.
<br />
<br />
&nbsp;&nbsp;&nbsp; Putting risk management to the forefront helps to attract other key employees as well and bestows a good reputation on a carrier both in the trucking industry and the community.
<br />
<br />
&nbsp; &nbsp; To establish a stellar risk-management program for your company, begin by making safety an ongoing and consistent corporate message.
<br />
<br />
&nbsp;&nbsp;&nbsp; All personnel — from drivers, mechanics and dispatchers to company managers and top executives — should be included in the program.
<br />
<br />
&nbsp;&nbsp;&nbsp; If the company heretofore has expected dispatchers to push drivers to make a certain number of deliveries even if they are fatigued, managers must make sure there is an immediate change of message, with safety canceling the old mandate of making deliveries at all costs.
<br />
<br />
&nbsp;&nbsp;&nbsp; Using speed too excessive for driving conditions and delaying vehicle maintenance also are practices that must stop, with the word going out from the top of the organization down to the troops.<br />
<br />
&nbsp; &nbsp; Further sensible procedures for reducing risk include:
<br />
<br />
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Reviewing routes and locations of key shippers for the most efficient schedules to avoid congestion and construction activities.</li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Implementing incentives or recognition programs to encourage safe driving.</li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Giving drivers the authority to make practical decisions when faced with less-than-safe conditions.</li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Encouraging effective pre-trip safety checks and vehicle maintenance. </li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Steering drivers away from rest stops and overnight locations known to be cargo-theft hot spots. It’s also useful to mark vehicles so they are easy to spot if they go astray and to equip them and their loads with tracking devices. </li>
</ul>
&nbsp;&nbsp;&nbsp; When losses do occur despite careful risk management, the most critical factor in recovering a stolen load is how quickly the details are reported to law enforcement and to specialist cargo-theft units. A new national cargo theft-data sharing system dubbed CargoNet helps greatly with this and also will allow better theft pattern analysis as the database grows. Our firm and many of our competitors are enrolled in CargoNet.
<br />
<br />
&nbsp;&nbsp;&nbsp; A robust and carefully implemented program for risk management and loss control will mean: <br />
<br />
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Fewer unexpected out-of-pocket costs.</li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Fewer hours spent by management on legal and other fees after a major loss.</li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Consideration of more cost-effective insurance plans. </li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Help for the claims team if something goes wrong. </li>
</ul>
<ul>
    <li>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; - Lessened negative effects to the firm in the event of an accident — or unflattering media coverage. </li>
</ul>
&nbsp; &nbsp; And when insurance renewal time comes, trucking companies that have taken these steps will find their efforts rewarded.
<br />
<br />
<br />
<em>
Hiscox is an international specialist insurer with headquarters in Bermuda and offices worldwide. Based in Boston, the author is part of Hiscox USA.</em></div>
]]></content:encoded>
               <crossTech:Body>&lt;br /&gt;&lt;div style="text-align: justify;"&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; The recession appears to be waning, but trucking still is feeling  the downturn's effects and is keeping a watchful eye on expenses, including insurance. Going without insurance is unthinkable, of course, but some control over the costs is possible with careful monitoring and deliberate action in the areas of risk management and loss control.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; Fleets that implement effective risk-management programs are more attractive to insurers, leading to more favorable pricing and coverage. This is particularly true for firms with fewer accidents per mile and fewer loss dollars when compared with firms of similar size and operation.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; Although this program seems fairly obvious, there always are carriers whose management thinks they can't afford it. That's understandable, but also shortsighted, because cutting corners could put a firm in jeopardy if losses rise.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp; Instead of taking chances, carriers should determine what they can do to operate better and more safely while also controlling costs. In an effort that must start at the highest levels of company leadership, carriers must identify and analyze the full range of risks and take action to mitigate them. That includes making sure that everyone who works for your company understands the importance of safety in general and risk control in particular.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; Insurance should be a major part of that effort. Because trucking companies face a wide range of potential losses, coverage of all types is needed, including, but not limited to: auto liability, workers' compensation, physical damage, cargo and property.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; Active loss-control strategies must be equally comprehensive because no matter how careful a carrier may be, accidents do happen, and some losses simply can't be avoided.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; If an accident occurs, a carrier that is forced to react without the benefit of prior planning loses much of its control of the situation. Law enforcement may have to be involved, along with attorneys and claims professionals.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; Managing post-loss fallout can be expensive, confusing and time-consuming.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; To avoid that scenario, budget in an orderly and cost-effective way both for preventive activities and for a well-planned strategy for post-loss actions - and do it well ahead of time. Strategies for keeping safety loss at a minimum may even provide a possible defense if the situation winds up in court.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; On a more positive level, a corporate commitment to safety helps attract customers. As shippers' margins have shrunk, they have become more demanding about lower rates and greater safety. They want to be sure their transportation partners have measures in place to prevent loss and disruption to their businesses. They also want reliable, well-maintained trucks and trained drivers with good safety records.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; A solid risk-management program also can help to recruit and retain quality drivers with the solid safety records required by the Federal Motor Carrier Safety Administration's upcoming CSA program.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; Putting risk management to the forefront helps to attract other key employees as well and bestows a good reputation on a carrier both in the trucking industry and the community.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; To establish a stellar risk-management program for your company, begin by making safety an ongoing and consistent corporate message.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; All personnel - from drivers, mechanics and dispatchers to company managers and top executives - should be included in the program.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; If the company heretofore has expected dispatchers to push drivers to make a certain number of deliveries even if they are fatigued, managers must make sure there is an immediate change of message, with safety canceling the old mandate of making deliveries at all costs.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; Using speed too excessive for driving conditions and delaying vehicle maintenance also are practices that must stop, with the word going out from the top of the organization down to the troops.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; Further sensible procedures for reducing risk include:&lt;br /&gt;&lt;br /&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Reviewing routes and locations of key shippers for the most efficient schedules to avoid congestion and construction activities.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Implementing incentives or recognition programs to encourage safe driving.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Giving drivers the authority to make practical decisions when faced with less-than-safe conditions.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Encouraging effective pre-trip safety checks and vehicle maintenance. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Steering drivers away from rest stops and overnight locations known to be cargo-theft hot spots. It's also useful to mark vehicles so they are easy to spot if they go astray and to equip them and their loads with tracking devices. &lt;/li&gt;&lt;/ul&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; When losses do occur despite careful risk management, the most critical factor in recovering a stolen load is how quickly the details are reported to law enforcement and to specialist cargo-theft units. A new national cargo theft-data sharing system dubbed CargoNet helps greatly with this and also will allow better theft pattern analysis as the database grows. Our firm and many of our competitors are enrolled in CargoNet.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; A robust and carefully implemented program for risk management and loss control will mean: &lt;br /&gt;&lt;br /&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Fewer unexpected out-of-pocket costs.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Fewer hours spent by management on legal and other fees after a major loss.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Consideration of more cost-effective insurance plans. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Help for the claims team if something goes wrong. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; - Lessened negative effects to the firm in the event of an accident - or unflattering media coverage. &lt;/li&gt;&lt;/ul&gt;&amp;nbsp; &amp;nbsp; And when insurance renewal time comes, trucking companies that have taken these steps will find their efforts rewarded.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;em&gt;Hiscox is an international specialist insurer with headquarters in Bermuda and offices worldwide. Based in Boston, the author is part of Hiscox USA.&lt;/em&gt;&lt;/div&gt;</crossTech:Body>
               <crossTech:Image1 />
               <crossTech:Image2 />
               <crossTech:Image3 />
               <crossTech:Image4 />
               <dc:creator>Steve Silverman, Vice president of Inland Marine Insurance, Hiscox</dc:creator>
               <link>http://whainsurance.com/article.html?a=boost-safety-to-control-risks-cut-losses</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=boost-safety-to-control-risks-cut-losses/f316c83d-98fb-4b6f-91e1-c3ee2a155698</guid>
               <pubDate>Fri, 23 Jul 2010 15:45:00 GMT</pubDate>
               <crossTech:date>7/23/2010</crossTech:date>
               <category>Trucking</category>
          </item>
          <item>
               <title>Full implementation of CSA 2010 pushed to 2011</title>
               <description>Federal Motor Carrier Safety Administration will switch to a new way to measure motor carrier safety, replacing SafeStat Monitoring System</description>
               <content:encoded><![CDATA[&nbsp;&nbsp;&nbsp;&nbsp; The Federal Motor Carrier Safety
Administration (FMCSA) is switching
to a new way to measure motor carrier
safety, replacing the SafeStat fitness
measuring system with CSA 2010 —
Comprehensive Safety Analysis. The
agency originally planned to make
the switch in July
2010, with all states
“fully functional by
December.” But motor
carriers now have more time to weigh
the change and its impact on them.
In April, FMCSA announced that
full implementation of CSA is being
delayed until spring or summer 2011.
<br />
<br />
&nbsp;&nbsp;&nbsp;&nbsp; Slowly but surely, FMCSA is
beginning to pull back the curtain
on Comprehensive Safety Analysis.
Carriers can now go to a Data Review
site – http://csa2010.fmcsa.dot.gov
– to see their inspection and crash
data organized by the new Behavior
Analysis and Safety Improvement
Categories — BASICs. Carriers
are invited to identify and correct
inaccuracies. More will be revealed
in November when FMCSA lets
everyone see carriers’ BASICs scores.
The Crash Indicator score will be
hidden from the public, however,
because of unresolved concerns about
crash data quality. In November,
FMCSA also starts issuing warning
letters to deficient carriers and using
its new system to prioritize who needs
an on-site compliance review.
<br />
<br />
&nbsp;&nbsp;&nbsp;&nbsp; Once fully implemented, the new
CSA is sure to surprise some. Carriers
who had enjoyed a “Satisfactory”
rating under SafeStat may suddenly
find that CSA puts them in a “Safety
Deficiencies” or “Marginal” status
with regulators. The difference is that
SafeStat ratings could be based on a
compliance review done years ago.
The new CSA focuses on the past 24
months and uses a point system for
grading carriers and their drivers.
BASICs scores take into account all
violations, not just out-of-service
ones, and violations and crashes are
weighted based on time and severity,
normalized, and compared to a
carrier’s peers. Here’s a summary of
how motor carriers can avoid trouble
with CSA in the future:
<br />
<ol>
    <li><strong>Unsafe Driving</strong> — CSA scores
    will suffer if there’s a record of drivers
    operating in a dangerous or
    careless manner. Points add up
    as they accumulate violations
    for speeding, reckless driving,
    improper lane change, and inattention.
    This score and the scores related to
    controlled substances/alcohol and
    crashes are normalized based on
    carrier size (average number of power
    units). </li>
    <br />
    <li><strong>Fatigued Driving / Hours-Of-
    Service</strong> — CSA assigns high points
    if there’s a record of trucks operated
    by drivers who are ill, fatigued, or
    in violation of hours-of-service and
    logbook rules. This score and the
    next one related to driver fitness are
    normalized based on the number of
    driver inspections on record. </li>
    <br />
    <li><strong>Driver Fitness</strong> — A carrier
    will score poorly if there’s a record
    of trucks operated by drivers who
    lack training or experience, don’t
    have a valid and
    appropriate CDL,
    or are medically
    unqualified. </li>
    <br />
    <li><strong>Controlled
    Substances/
    Alcohol</strong> — CSA
    grades a carrier
    very low if
    there’s a record
    of trucks operated
    by drivers
    impaired due to
    alcohol, illegal
    drugs, and misuse
    of medications. </li>
    <br />
    <li><strong>Vehicle
    Maintenance</strong>
    — A carrier’s
    score worsens
    with violations
    for failure to maintain trucks and failure to make
    required repairs. This score and the
    next one related to cargo securement
    are normalized based on the number
    of vehicle inspections on record. </li>
    <br />
    <li><strong>Cargo-Related</strong> — Poor scores
    result from a carrier’s failure to
    prevent shifting loads and spilled or
    dropped cargo, as well as from unsafe
    handling of hazardous materials.</li>
    <br />
    <li><strong>Crash Indicator</strong> — In this
    score, greater weight is given to
    crashes with injuries and fatalities,
    and/or crashes involving the release of
    hazardous materials, than to crashes
    that only result in a vehicle tow-away.
    The bottom line about CSA is
    that every crash, every inspection,
    and every violation counts, with the
    most recent events having the greatest
    impact on scores. The two-part, carrier
    and driver measurement system will
    force carriers to closely monitor
    crash and inspection data filed with
    FMCSA. It will also force carriers to
    constantly remind drivers that their
    actions behind the wheel impact both
    their own driving record and their
    employer’s safety assessment. </li>
</ol>
<br />
<div style="text-align: center;">
<em><strong>CSA 2010 — Comprehensive
Safety Analysis Measurement System
</strong><br />
</em></div>
<br />
Motor carriers are measured by an analysis of Behavior
Analysis &amp; Safety Improvement Categories (BASICs):
<br />
<br />
<em>• Unsafe Driving &nbsp; &nbsp; &nbsp;&nbsp; • Driver Fitness &nbsp; &nbsp; &nbsp;&nbsp; • Fatigued Driving &nbsp; &nbsp; &nbsp;
• Controlled Substances/Alcohol&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; • Vehicle Maintenance&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
• Cargo Securement&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; • Crash History
CSA analyzes data from state-reported crashes and
inspections in the most recent 24 months.</em><br />
<br />
&nbsp; &nbsp; Inspection-related
scores are based on all violations, not just out of -
service ones, and each violation is assigned a weight
for level of risk. Crash-related scores assign greater
weight to crashes involving injuries and fatalities, and/or
crashes involving the release of hazardous materials.<br />
<br />
&nbsp;&nbsp;&nbsp; Evaluations result in a safety fitness determination
— Continue to Operate, Marginal with Ongoing
Intervention, or Unfit. Interventions may include
warnings, focused investigations on-site or off-site, or
comprehensive safety compliance reviews.
]]></content:encoded>
               <crossTech:Body>&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; The Federal Motor Carrier SafetyAdministration (FMCSA) is switchingto a new way to measure motor carriersafety, replacing the SafeStat fitnessmeasuring system with CSA 2010 -Comprehensive Safety Analysis. Theagency originally planned to makethe switch in July2010, with all states"fully functional byDecember." But motorcarriers now have more time to weighthe change and its impact on them.In April, FMCSA announced thatfull implementation of CSA is beingdelayed until spring or summer 2011.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; Slowly but surely, FMCSA isbeginning to pull back the curtainon Comprehensive Safety Analysis.Carriers can now go to a Data Reviewsite - http://csa2010.fmcsa.dot.gov- to see their inspection and crashdata organized by the new BehaviorAnalysis and Safety ImprovementCategories - BASICs. Carriersare invited to identify and correctinaccuracies. More will be revealedin November when FMCSA letseveryone see carriers' BASICs scores.The Crash Indicator score will behidden from the public, however,because of unresolved concerns aboutcrash data quality. In November,FMCSA also starts issuing warningletters to deficient carriers and usingits new system to prioritize who needsan on-site compliance review.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; Once fully implemented, the newCSA is sure to surprise some. Carrierswho had enjoyed a "Satisfactory"rating under SafeStat may suddenlyfind that CSA puts them in a "SafetyDeficiencies" or "Marginal" statuswith regulators. The difference is thatSafeStat ratings could be based on acompliance review done years ago.The new CSA focuses on the past 24months and uses a point system forgrading carriers and their drivers.BASICs scores take into account allviolations, not just out-of-serviceones, and violations and crashes areweighted based on time and severity,normalized, and compared to acarrier's peers. Here's a summary ofhow motor carriers can avoid troublewith CSA in the future:&lt;br /&gt;&lt;ol&gt;    &lt;li&gt;&lt;strong&gt;Unsafe Driving&lt;/strong&gt; - CSA scores    will suffer if there's a record of drivers    operating in a dangerous or    careless manner. Points add up    as they accumulate violations    for speeding, reckless driving,    improper lane change, and inattention.    This score and the scores related to    controlled substances/alcohol and    crashes are normalized based on    carrier size (average number of power    units). &lt;/li&gt;    &lt;br /&gt;    &lt;li&gt;&lt;strong&gt;Fatigued Driving / Hours-Of-    Service&lt;/strong&gt; - CSA assigns high points    if there's a record of trucks operated    by drivers who are ill, fatigued, or    in violation of hours-of-service and    logbook rules. This score and the    next one related to driver fitness are    normalized based on the number of    driver inspections on record. &lt;/li&gt;    &lt;br /&gt;    &lt;li&gt;&lt;strong&gt;Driver Fitness&lt;/strong&gt; - A carrier    will score poorly if there's a record    of trucks operated by drivers who    lack training or experience, don't    have a valid and    appropriate CDL,    or are medically    unqualified. &lt;/li&gt;    &lt;br /&gt;    &lt;li&gt;&lt;strong&gt;Controlled    Substances/    Alcohol&lt;/strong&gt; - CSA    grades a carrier    very low if    there's a record    of trucks operated    by drivers    impaired due to    alcohol, illegal    drugs, and misuse    of medications. &lt;/li&gt;    &lt;br /&gt;    &lt;li&gt;&lt;strong&gt;Vehicle    Maintenance&lt;/strong&gt;    - A carrier's    score worsens    with violations    for failure to maintain trucks and failure to make    required repairs. This score and the    next one related to cargo securement    are normalized based on the number    of vehicle inspections on record. &lt;/li&gt;    &lt;br /&gt;    &lt;li&gt;&lt;strong&gt;Cargo-Related&lt;/strong&gt; - Poor scores    result from a carrier's failure to    prevent shifting loads and spilled or    dropped cargo, as well as from unsafe    handling of hazardous materials.&lt;/li&gt;    &lt;br /&gt;    &lt;li&gt;&lt;strong&gt;Crash Indicator&lt;/strong&gt; - In this    score, greater weight is given to    crashes with injuries and fatalities,    and/or crashes involving the release of    hazardous materials, than to crashes    that only result in a vehicle tow-away.    The bottom line about CSA is    that every crash, every inspection,    and every violation counts, with the    most recent events having the greatest    impact on scores. The two-part, carrier    and driver measurement system will    force carriers to closely monitor    crash and inspection data filed with    FMCSA. It will also force carriers to    constantly remind drivers that their    actions behind the wheel impact both    their own driving record and their    employer's safety assessment. &lt;/li&gt;&lt;/ol&gt;&lt;br /&gt;&lt;div style="text-align: center;"&gt;&lt;em&gt;&lt;strong&gt;CSA 2010 - ComprehensiveSafety Analysis Measurement System&lt;/strong&gt;&lt;br /&gt;&lt;/em&gt;&lt;/div&gt;&lt;br /&gt;Motor carriers are measured by an analysis of BehaviorAnalysis &amp;amp; Safety Improvement Categories (BASICs):&lt;br /&gt;&lt;br /&gt;&lt;em&gt; Unsafe Driving &amp;nbsp; &amp;nbsp; &amp;nbsp;&amp;nbsp;  Driver Fitness &amp;nbsp; &amp;nbsp; &amp;nbsp;&amp;nbsp;  Fatigued Driving &amp;nbsp; &amp;nbsp; &amp;nbsp; Controlled Substances/Alcohol&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;  Vehicle Maintenance&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp; Cargo Securement&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;nbsp;  Crash HistoryCSA analyzes data from state-reported crashes andinspections in the most recent 24 months.&lt;/em&gt;&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; Inspection-relatedscores are based on all violations, not just out of -service ones, and each violation is assigned a weightfor level of risk. Crash-related scores assign greaterweight to crashes involving injuries and fatalities, and/orcrashes involving the release of hazardous materials.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;&amp;nbsp;&amp;nbsp; Evaluations result in a safety fitness determination- Continue to Operate, Marginal with OngoingIntervention, or Unfit. Interventions may includewarnings, focused investigations on-site or off-site, orcomprehensive safety compliance reviews.</crossTech:Body>
               <crossTech:Image1 />
               <crossTech:Image2 />
               <crossTech:Image3 />
               <crossTech:Image4 />
               <dc:creator>Oregon Department of Transportation &amp; WHA Insurance</dc:creator>
               <link>http://whainsurance.com/article.html?a=full-implementation-of-csa-2010-pushed-to-2011</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=full-implementation-of-csa-2010-pushed-to-2011/9bd74f37-15ce-4329-982a-369623af3235</guid>
               <pubDate>Wed, 14 Jul 2010 13:00:00 GMT</pubDate>
               <crossTech:date>7/14/2010</crossTech:date>
               <category>Trucking</category>
          </item>
          <item>
               <title>Screening Tool Seeks to Help in Hiring Safe Drivers</title>
               <description>The Federal Motor Carrier Safety Administration (FMCSA) has introduced a new tool designed to help motor carriers hire good truck drivers. The Pre-Employment</description>
               <content:encoded><![CDATA[<em><br />
<br />
<br />
<br />
</em>
<div style="text-align: justify;"><em>
The Federal Motor Carrier Safety Administration (FMCSA) has
introduced a
new tool designed to help motor carriers hire good truck drivers. The
Pre-Employment Screening Program (PSP) is not part of Comprehensive
Safety Analysis (CSA 2010), but it’s expected that many carriers will
use it as a way to avoid future problems with the driver-related
categories that are integral to their total CSA fitness scores. (Only
crashes and violations that a driver receives while employed by a
carrier apply to that carrier’s fitness scores, but a carrier may not
want to take the risk of hiring someone with a poor past record.)</em><br />
<br />
Following are questions and answers about the program, adapted from FAQs
posted on FMCSA’s site — www.psp.fmcsa.dot.gov/Pages/FAQ.aspx.<br />
<br />
<strong>What is the Pre-Employment Screening Program?</strong> <br />
<br />
It’s a voluntary screening tool that allows motor carriers and
individual drivers to purchase driving records from the FMCSA’s Motor
Carrier Management Information System (MCMIS). Driver Information
Resource records are available 24 hours a day via the Internet.<br />
</div>
<br />
<strong>What information is in the Driver Information Resource record?</strong> <br />
<br />
<div style="text-align: justify;">
Records purchased through PSP contain an individual’s most recent five
years of crash data and three years of roadside inspection data that
have been uploaded into MCMIS by FMCSA federal staff and state partners.
It does not include driver records from a state DMV or data on
suspensions unrelated to safety issues, like child support.<br />
</div>
<div style="text-align: justify;">
<br />
<strong>Why did FMCSA develop this tool?</strong><br />
<br />
</div>
<div style="text-align: justify;">
A pre-employment screening system was mandated by Congress in the 2005
Act called SAFETEA-LU. FMCSA believes the system will improve the
quality of safety data and help employers make more informed decisions
when hiring drivers. The PSP provides more rapid access to commercial
driver safety performance information than was previously available only
by Freedom of Information Act or Privacy Act requests. Motor carriers
may, however, continue to obtain driver information by submitting a
Freedom of Information Act request to FMCSA —
www.fmcsa.dot.gov/foia/foia.htm — and individuals may obtain their own
information free of charge from FMCSA by submitting a Privacy Act
request.<br />
</div>
<div style="text-align: justify;">
<br />
<strong>What does the Pre-Employment Screening Program cost?</strong> <br />
<br />
</div>
<div style="text-align: justify;">
There’s a $10 fee for each driver’s history a motor carrier requests. An
annual subscription fee of $100 also applies, although carriers with
fewer than 100 power units qualify for a lower, $25 annual fee. There
are no fees for motor carriers who use a third party provider to access
PSP. They’ll just pay the third party’s fees for records requests.
There’s also no annual fee for individual drivers to access PSP. They’ll
pay $10 to request their personal driving history. Will an individual
know when data is released? An individual driver applying for a job must
provide written consent to the prospective motor carrier employer in
order for data to be released. But once written consent is provided to
the carrier, the individual will not receive a separate notice that the
information was released.<br />
</div>
<div style="text-align: justify;">
<br />
<strong>How will motor carriers obtain data?</strong> <br />
<br />
FMCSA is using a contractor, National Information Consortium
Technologies (NIC Technologies), to provide data to individuals and
motor carriers that have an individual’s written consent. Who can request a Driver Information Resource record? Motor carriers may
request the records solely for the purpose of conducting pre-employment screening and only
with the individual’s written consent. Individual drivers may also
purchase their own records and receive a copy of all relevant MCMIS
crash and inspection data.<br />
<br />
<strong>
Is driver information protected from unauthorized disclosure?</strong> <br />
<br />
Yes, NIC Technologies must adhere to the Privacy Act, the Fair Credit
Reporting Act, and all applicable federal laws to protect driver
information. The FMCSA’s data is protected from unauthorized
disclosures, thefts, manipulation, or dissemination, in accordance with
federal security requirements, including the Driver’s Privacy Protection
Act of 1994.<br />
<br />
<strong>Will non-motor carrier entities such as insurance companies be able
to access information?</strong> <br />
<br />
No, the PSP is solely for conducting pre-employment screening.
</div>
]]></content:encoded>
               <crossTech:Body>&lt;em&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;/em&gt;&lt;div style="text-align: justify;"&gt;&lt;em&gt;The Federal Motor Carrier Safety Administration (FMCSA) hasintroduced anew tool designed to help motor carriers hire good truck drivers. ThePre-Employment Screening Program (PSP) is not part of ComprehensiveSafety Analysis (CSA 2010), but it's expected that many carriers willuse it as a way to avoid future problems with the driver-relatedcategories that are integral to their total CSA fitness scores. (Onlycrashes and violations that a driver receives while employed by acarrier apply to that carrier's fitness scores, but a carrier may notwant to take the risk of hiring someone with a poor past record.)&lt;/em&gt;&lt;br /&gt;&lt;br /&gt;Following are questions and answers about the program, adapted from FAQsposted on FMCSA's site - www.psp.fmcsa.dot.gov/Pages/FAQ.aspx.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;What is the Pre-Employment Screening Program?&lt;/strong&gt; &lt;br /&gt;&lt;br /&gt;It's a voluntary screening tool that allows motor carriers andindividual drivers to purchase driving records from the FMCSA's MotorCarrier Management Information System (MCMIS). Driver InformationResource records are available 24 hours a day via the Internet.&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;&lt;strong&gt;What information is in the Driver Information Resource record?&lt;/strong&gt; &lt;br /&gt;&lt;br /&gt;&lt;div style="text-align: justify;"&gt;Records purchased through PSP contain an individual's most recent fiveyears of crash data and three years of roadside inspection data thathave been uploaded into MCMIS by FMCSA federal staff and state partners.It does not include driver records from a state DMV or data onsuspensions unrelated to safety issues, like child support.&lt;br /&gt;&lt;/div&gt;&lt;div style="text-align: justify;"&gt;&lt;br /&gt;&lt;strong&gt;Why did FMCSA develop this tool?&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div style="text-align: justify;"&gt;A pre-employment screening system was mandated by Congress in the 2005Act called SAFETEA-LU. FMCSA believes the system will improve thequality of safety data and help employers make more informed decisionswhen hiring drivers. The PSP provides more rapid access to commercialdriver safety performance information than was previously available onlyby Freedom of Information Act or Privacy Act requests. Motor carriersmay, however, continue to obtain driver information by submitting aFreedom of Information Act request to FMCSA -www.fmcsa.dot.gov/foia/foia.htm - and individuals may obtain their owninformation free of charge from FMCSA by submitting a Privacy Actrequest.&lt;br /&gt;&lt;/div&gt;&lt;div style="text-align: justify;"&gt;&lt;br /&gt;&lt;strong&gt;What does the Pre-Employment Screening Program cost?&lt;/strong&gt; &lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div style="text-align: justify;"&gt;There's a $10 fee for each driver's history a motor carrier requests. Anannual subscription fee of $100 also applies, although carriers withfewer than 100 power units qualify for a lower, $25 annual fee. Thereare no fees for motor carriers who use a third party provider to accessPSP. They'll just pay the third party's fees for records requests.There's also no annual fee for individual drivers to access PSP. They'llpay $10 to request their personal driving history. Will an individualknow when data is released? An individual driver applying for a job mustprovide written consent to the prospective motor carrier employer inorder for data to be released. But once written consent is provided tothe carrier, the individual will not receive a separate notice that theinformation was released.&lt;br /&gt;&lt;/div&gt;&lt;div style="text-align: justify;"&gt;&lt;br /&gt;&lt;strong&gt;How will motor carriers obtain data?&lt;/strong&gt; &lt;br /&gt;&lt;br /&gt;FMCSA is using a contractor, National Information ConsortiumTechnologies (NIC Technologies), to provide data to individuals andmotor carriers that have an individual's written consent. Who can request a Driver Information Resource record? Motor carriers mayrequest the records solely for the purpose of conducting pre-employment screening and onlywith the individual's written consent. Individual drivers may alsopurchase their own records and receive a copy of all relevant MCMIScrash and inspection data.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Is driver information protected from unauthorized disclosure?&lt;/strong&gt; &lt;br /&gt;&lt;br /&gt;Yes, NIC Technologies must adhere to the Privacy Act, the Fair CreditReporting Act, and all applicable federal laws to protect driverinformation. The FMCSA's data is protected from unauthorizeddisclosures, thefts, manipulation, or dissemination, in accordance withfederal security requirements, including the Driver's Privacy ProtectionAct of 1994.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Will non-motor carrier entities such as insurance companies be ableto access information?&lt;/strong&gt; &lt;br /&gt;&lt;br /&gt;No, the PSP is solely for conducting pre-employment screening.&lt;/div&gt;</crossTech:Body>
               <crossTech:Image1 />
               <crossTech:Image2 />
               <crossTech:Image3 />
               <crossTech:Image4 />
               <dc:creator>Wilson-Heirgood Insurance</dc:creator>
               <link>http://whainsurance.com/article.html?a=screening-tool-seeks-to-help-in-hiring-safe-drivers</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=screening-tool-seeks-to-help-in-hiring-safe-drivers/cd8a1606-4450-416c-a995-a32c4112ad66</guid>
               <pubDate>Mon, 21 Jun 2010 18:15:00 GMT</pubDate>
               <crossTech:date>6/21/2010</crossTech:date>
               <category>Trucking</category>
          </item>
          <item>
               <title>Legislation Brief: Health Care Reform Timeline</title>
               <description>On March 23, 2010, President Obama signed into law the health care reform bill, the Patient Protection and Affordable Care Act.</description>
               <content:encoded><![CDATA[<br />
<br />
<div style="text-align: center;"><img alt="Photobucket" src="http://img.photobucket.com/albums/v649/andrewsaputo/header.jpg" style="border-width: 0px; border-style: solid;" />
<br />
</div>
<br />
<br />
On March 23, 2010, President Obama signed into law the health care
reform bill, the Patient Protection and Affordable
Care Act. This legislation, along with the Health Care and Education
Reconciliation Act of 2010, makes sweeping changes to the U.S. health
care system. These changes will be implemented over the next several
years.<br />
<br />
&nbsp;This Legislative Brief provides a timeline of the implementation of key
reform provisions that affect employers and individuals. Please read
below for more information and contact [B_Officialname] with any
questions about how you can prepare for health care reform.
<br />
<br />
<div style="text-align: center;"><strong><span style="text-decoration: underline;">2010</span></strong><br />
</div>
<br />
<strong>&nbsp;Expanded Insurance Coverage</strong>
<br />
<br />
The health care reform law contains some provisions designed to provide
immediate improvements in access to health care coverage.<br />
<blockquote>
<ul>
    <li><strong>Extended Coverage for Young Adults</strong>. Group health plans
    and health insurance issuers offering group or individual health
    insurance coverage that provides dependent coverage of children must
    make coverage available for adult children up to age 26. There is no
    requirement to cover the child of a dependent child. This requirement
    will apply to grandfathered and new plans.
    </li>
</ul>
<blockquote><strong>Note</strong>: a “grandfathered plan” is one in which an
individual was enrolled on March 23, 2010, and to which there is no
change to existing coverage. Many requirements of the new law do not
apply to grandfathered plans and nothing in the law requires individuals
terminate coverage in which they were enrolled when the law was passed.
A plan can still be a grandfathered plan even if family members or new
employees are allowed to join.
<br />
</blockquote>
<ul>
    <li><strong>Access to Insurance for Uninsured Individuals with
    Pre-Existing Conditions</strong>. The health care reform bill provides for
    the establishment of a temporary high risk health insurance pool program
    to provide health insurance coverage for certain uninsured individuals
    with pre-existing conditions. The program will end when the health
    insurance exchanges, set to be established in 2014, are operational.</li>
</ul>
<ul>
    <li><strong>Identifying Affordable Coverage.</strong> The Secretary of Health
    and Human Services is required to establish an Internet website through
    which residents of any state may identify affordable health insurance
    coverage options in that state. The website will also include
    information for small businesses about available coverage options,
    reinsurance for early retirees, small business tax credits, and other
    information of interest to small businesses. So-called “mini-med” or
    limited-benefit plans will be precluded from listing their policies on
    this website.</li>
</ul>
<ul>
    <li><strong>Reinsurance for Covering Early Retirees.</strong> The new law
    requires the establishment of a temporary reinsurance program to provide
    reimbursement to participating employment-based plans for a portion of
    the cost of providing health insurance coverage to early retirees and
    their spouses, surviving spouses and dependents. This program will end
    on January 1, 2014.
    </li>
</ul>
</blockquote><strong>Health Insurance Reform</strong><br />
<br />
The new law also imposes requirements on health insurance issuers to
reform certain insurance practices and improve the coverage available.
<br />
<blockquote>
<ul>
    <li><strong>Eliminating Pre-Existing Condition Exclusions for Children.</strong>
    Group health plans and health insurance issuers may not impose
    pre-existing condition exclusions on coverage for children. This
    provision will apply to all employer plans and new plans in the
    individual market. This provision will also apply to adults in 2014.</li>
</ul>
<ul>
    <li><strong>Coverage of Preventive Health Services.</strong> Group health
    plans and health insurance issuers offering group or individual health
    insurance coverage must provide coverage for preventive services. These
    plans also may not impose cost sharing requirements for preventive
    services.</li>
</ul>
<ul>
    <li><strong>Prohibiting Rescissions</strong>. The health care reform law is
    designed to prohibit abusive rescissions of coverage by insurance
    companies when an individual gets sick as a way of avoiding covering the
    cost of the individual’s health care needs. Group health plans and
    health insurance issuers offering group or individual insurance coverage
    may not rescind coverage once the enrollee is covered, except in cases
    of fraud or intentional misrepresentation. Plan coverage may not be
    canceled without prior notice to the enrollee. This provision applies to
    all new and existing plans.
    </li>
</ul>
<ul>
    <li><strong>Limits on Lifetime and Annual Limits</strong>. In general, group
    health plans and health insurance issuers offering group or individual
    health insurance coverage may not establish lifetime limits on the
    dollar value of benefits for any participant or beneficiary or impose
    unreasonable annual limits on the dollar value of benefits for any
    participant or beneficiary. This requirement applies to all plans.
    Annual limits will also be prohibited beginning in 2014.
    </li>
</ul>
</blockquote><strong>Health Plan Administration</strong><br />
<br />
In addition to any administrative changes required by the coverage
improvements described above, health plans will be subject to increased
administrative duties under health care reform.
<br />
<blockquote>
<ul>
    <li><strong>Improved Appeals Process.</strong> Group health plans and health
    insurance issuers offering group or individual health insurance coverage
    must implement an effective appeals process for appeals of coverage
    determinations and claims. At a minimum, plans and issuers must:
    </li>
</ul>
<blockquote>o&nbsp;&nbsp;	have an internal claims process in effect;
<br />
<br />
o&nbsp;&nbsp;	provide notice to enrollees, in a culturally and linguistically
appropriate manner, of available internal and external appeals
processes, and the availability of any applicable office of health
insurance consumer assistance or ombudsman to assist them with the
appeals processes; and
<br />
<br />
o&nbsp;&nbsp;	allow enrollees to review their files, to present evidence and
testimony as part of the appeals process, and to receive continued
coverage pending the outcome of the appeals process.<br />
</blockquote>The internal claims process must initially incorporate the
current claims procedure regulations issued by the Department of Labor
in 2001. Plans and issuers must also implement an external review
process that meets applicable state requirements and guidance that is to
be issued.
<br />
<ul>
    <li><strong>Nondiscrimination Rules for Fully-Insured Plans</strong>.
    Fully-insured group health plans will now have to satisfy
    nondiscrimination rules regarding eligibility to participate in the plan
    and eligibility for benefits. These rules prohibit discrimination in
    favor of highly compensated individuals. This section does not appear to
    apply to grandfathered plans.&nbsp;</li>
</ul>
</blockquote><strong>Medicare/Medicaid</strong>
<br />
<br />
The health care reform law will further affect individuals by making
certain changes to Medicare and Medicaid.
<br />
<blockquote>
<ul>
    <li><strong>Rebates for the Medicare Part D “Donut Hole.”</strong> Currently,
    there is a gap in Medicare prescription drug coverage. The coverage gap
    falls between $2,830 and $6,440 in total drug spending. The health care
    reform bill provides a $250 rebate check for all Medicare Part D
    enrollees who enter the “donut hole.” Beginning in 2011, a 50 percent
    discount on brand-name drugs will be instituted and generic drug
    coverage will be provided in the donut hole. The donut hole gap will be
    filled by 2020. </li>
</ul>
<ul>
    <li><strong>Medicaid Flexibility for States</strong>. States are given a new
    option under the health care reform law to cover additional individuals
    under Medicare. States will be able to cover parents and childless
    adults up to 133 percent of the Federal Poverty Level (FPL).&nbsp;</li>
</ul>
</blockquote>
<strong>Fees and Taxes</strong>
<br />
<br />
With a total estimated cost of over $900 billion dollars, the reform of
the nation’s health care system comes with additional costs and fees.
These fees will also be implemented over the next several years.
However, health care reform also includes some subsidies, in the form of
tax credits, to help individuals and businesses pay for coverage.
<br />
<blockquote>
<ul>
    <li><strong>Small Business Tax Credit. </strong>The first phase of the small
    business tax credit for qualified small employers begins in 2010. These
    employers can receive a credit for contributions to purchase health
    insurance for employees. The credit is up to 35 percent of the
    employer’s contribution to provide health insurance for employees. There
    is also up to a 25 percent credit for small nonprofit organizations.
    When health insurance exchanges are operational, tax credits will
    increase, up to 50 percent of premiums.</li>
</ul>
<ul>
    <li><strong>Indoor Tanning Services Tax.</strong> One additional tax imposed
    by the health care reform law is a 10 percent tax on amounts paid for
    indoor sun tanning services. </li>
</ul>
</blockquote>
<div style="text-align: center;"><span style="text-decoration: underline;"><strong>2011<br />
<br />
</strong></span></div>
<strong>Expanded Insurance Coverage
</strong><br />
<blockquote>
<ul>
    <li><strong>Voluntary Long-Term Care Insurance Options.</strong> The health
    care reform law creates a long-term care insurance program for adults
    who become disabled. Participation will be voluntary and the program is
    to be funded by voluntary payroll deductions to provide benefits to
    adults who become disabled. </li>
</ul>
</blockquote>
<strong>Health Plan Administration
</strong><br />
<blockquote>
<ul>
    <li><strong>Improving Medical Loss Ratios</strong>. Health insurance issuers
    offering group or individual health insurance coverage (including
    grandfathered health plans) must annually report on the share of premium
    dollars spent on health care and provide consumer rebates for excessive
    medical loss ratios. </li>
</ul>
<ul>
    <li><strong>Reporting Health Coverage Costs on Form W-2.</strong> Beginning in
    2011, employers will be required to disclose the value of the health
    coverage provided by the employer to each employee on the employee’s
    annual Form W-2. </li>
</ul>
<ul>
    <li><strong>Standardizing the Definition of Qualified Medical Expenses.</strong>
    The health care reform law conforms to the definition of “qualified
    medical expenses” for HSAs, FSAs and HRAs to the definition used for the
    itemized tax deduction. An exception to this rule is included so that
    amounts paid for over-the-counter medicine with a prescription still
    qualify as medical expenses. Costs for over-the-counter medications
    obtained without a prescription would not qualify. </li>
</ul>
<ul>
    <li><strong>Cafeteria Plan Changes.</strong> The new law creates a Simple
    Cafeteria Plan to provide a vehicle through which small businesses can
    provide tax‐free benefits to their employees. This plan is designed to
    ease the small employer’s administrative burden of sponsoring a
    cafeteria plan. The provision also exempts employers who make
    contributions for employees under a simple cafeteria plan from pension
    plan nondiscrimination requirements applicable to highly compensated and
    key employees. </li>
</ul>
</blockquote>
<strong>Medicare/Medicaid</strong>
<br />
<blockquote>
<ul>
    <li><strong>Medicare Part D Discounts</strong>. In order to make prescription
    drug coverage more affordable for Medicare enrollees, the new law will
    provide a 50 percent discount on all brand-name drugs and biologics in
    the “donut hole.” It also begins phasing in additional discounts on
    brand-name and generic drugs to completely fill the donut hole by 2020
    for all Part D enrollees. </li>
</ul>
<ul>
    <li><strong>Additional Preventive Health Coverage.</strong> The new law
    provides a free, annual wellness visit and personalized prevention plan
    services for Medicare beneficiaries and eliminates cost-sharing for
    preventive services beginning in 2011.&nbsp;</li>
</ul>
</blockquote>
<strong>Fees and Taxes </strong><br />
<blockquote>
<ul>
    <li><strong>Increased Tax on Withdrawals from HSAs and Archer MSAs</strong>.
    The health care reform law will increase the additional tax on HSA
    withdrawals prior to age 65 that are not used for qualified medical
    expenses from 10 to 20 percent. The additional tax for Archer MSA
    withdrawals not used for qualified medical expenses would increase from
    15 to 20 percent. </li>
</ul>
</blockquote>
<div style="text-align: center;"><span style="text-decoration: underline;"><strong>2013
<br />
<br />
</strong></span></div>
<strong>Health Plan Administration</strong>
<blockquote>
<ul>
    <li><strong>Administrative Simplification.</strong> Beginning in 2010, health
    plans must adopt and implement uniform standards and business rules for
    the electronic exchange of health information to reduce paperwork and
    administrative burdens and costs. </li>
</ul>
<ul>
    <li><strong>Limiting Health Flexible Savings Account Contributions.</strong>
    The new health care law will limit the amount of contributions to health
    FSAs to $2,500 per year, indexed by CPI for subsequent years. </li>
</ul>
</blockquote>
<strong>Fees and Taxes</strong>
<blockquote>
<ul>
    <li><strong>Eliminating Deduction for Medicare Part D Subsidy.</strong>
    Currently, employers that maintain prescription drug plans for their
    Medicare Part D eligible retirees are entitled to a tax deduction. This
    deduction will be eliminated in 2013. </li>
</ul>
<ul>
    <li><strong>Increased Threshold for Medical Expense Deductions.</strong> The
    health care reform law increases the income threshold for claiming the
    itemized deduction for medical expenses from 7.5 percent of income to 10
    percent. However, individuals over 65 would be able to claim the
    itemized deduction for medical expenses at 7.5 percent of adjusted gross
    income through 2016.</li>
</ul>
<ul>
    <li><strong>Additional Hospital Insurance Tax for High Wage Workers. </strong>The
    new law increases the hospital insurance tax rate by 0.9 percentage
    points on wages over $200,000 for an individual ($250,000 for married
    couples filing jointly). The tax is also expanded to include a 3.8
    percent tax on net investment income in the case of taxpayers earning
    over $200,000 ($250,000 for joint returns). </li>
</ul>
<ul>
    <li><strong>Medical Device Excise Tax.</strong> The law also establishes a 2.3
    percent excise tax on the first sale for use of a medical device. Eye
    glasses, contact lenses, hearing aids, and any device of a type that is
    generally purchased by the public at retail for individual use are
    excepted from the tax. </li>
</ul>
</blockquote>
<div style="text-align: center;"><strong><span style="text-decoration: underline;">2014
<br />
<br />
</span>
</strong></div>
<strong>Coverage Mandates </strong><br />
<blockquote>
<ul>
    <li><strong>Individual Coverage Mandates.</strong> The health care reform
    legislation requires most individuals to obtain acceptable health
    insurance coverage or pay a penalty, beginning in 2014. The penalty will
    start at $95 per person for 2014 and increase each year. The penalty
    amount increases to $325 in 2015 and to $695 (or up to 2.5 percent of
    income) in 2016, up to a cap of the national average bronze plan
    premium. After 2016, dollar amounts are indexed. Families will pay half
    the penalty amount for children, up to a cap of $2,250 per family.
    Individuals may be eligible for an exemption from the penalty if they
    cannot obtain affordable coverage. </li>
</ul>
<ul>
    <li><strong>Employer Coverage Mandates.</strong> Employers with 50 or more
    employees that do not offer coverage to their employees will be subject
    to penalties if one employee receives a government subsidy for health
    coverage. The penalty amount is up to $2,000 annually for each full-time
    employee, excluding the first 30 employees. Employers who offer
    coverage, but whose employees receive tax credits, will be subject to a
    fine of $3,000 for each worker receiving a tax credit, up to an
    aggregate cap of $2,000 per full-time employee. Employers will be
    required to report to the federal government on health coverage they
    provide. </li>
</ul>
</blockquote>
<strong>Health Insurance Exchanges
</strong><br />
<br />
The health care reform legislation provides for <em>health insurance
exchanges</em> to be established in each state in 2014. Individuals and
small employers will be able to shop for insurance through the
exchanges. Small employers are those with no more than 100 employees. If
a small employer later grows above 100 employees, it may still be
treated as a small employer. Large employers with over 100 employees are
to be allowed into the exchanges in 2017. Workers who qualify for an
affordability exemption to the coverage mandate, but do not qualify for
tax credits, can use their employer contribution to join an exchange
plan.
<br />
<br />
<strong>Health Insurance Reform</strong>
<br />
<br />
Additional <em>health insurance reform</em> measures will be implemented
beginning in 2014. Specifically, health insurance companies will not be
permitted to:
<br />
<ul>
    <li>Refuse to sell or renew policies due to an individual’s health
    status; </li>
</ul>
<ul>
    <li>Exclude coverage for treatments based on pre-existing health
    conditions; </li>
</ul>
<ul>
    <li>Charge higher rates due to heath status, gender or other factors
    (premiums will be able to vary based only on age (no more than 3:1),
    geography, family size, and tobacco use); </li>
</ul>
<ul>
    <li>Impose annual limits on the amount of coverage an individual may
    receive; or </li>
</ul>
<ul>
    <li>Drop coverage because an individual chooses to participate in a
    clinical trial for cancer or other life-threatening diseases or deny
    coverage for routine care that they would otherwise provide just because
    an individual is enrolled in such a clinical trial. </li>
</ul>
<strong>Fees and Taxes </strong><br />
<ul>
    <li><strong>Individual Health Care Tax Credits</strong>. The new law makes
    premium tax credits available through the exchanges to ensure people can
    obtain affordable coverage. Credits are available for people with
    incomes above Medicaid eligibility and below 400 percent of poverty
    level who are not eligible for or offered other acceptable coverage. The
    credits apply to both premiums and cost-sharing. </li>
</ul>
<ul>
    <li><strong>Small Business Tax Credit.</strong> The second phase of the small
    business tax credit for qualified small employers will be implemented in
    2014.  These employers can receive a credit for contributions to
    purchase health insurance for employees, up to 50 percent of premiums. </li>
</ul>
<ul>
    <li><strong>Health Insurance Provider Fee.</strong> The health care reform law
    imposes an annual, non-deductible fee on the health insurance sector,
    allocated across the industry according to market share. The fee does
    not apply to companies whose net premiums written are $25 million or
    less. </li>
</ul>
<div style="text-align: center;"><span style="text-decoration: underline;"><strong>2018<br />
<br />
</strong></span></div>
<strong>High-Cost Plan Excise Tax
</strong><br />
<br />
A 40 percent excise tax is to be imposed on the excess benefit of high
cost employer-sponsored health insurance (also known as a “Cadillac
tax”). The annual limit for purposes of calculating the excess benefits
is $8,500 for individuals and $23,000 for other than individual
coverage. Responsibility for the tax is on the “coverage provider” which
can be the insurer, the employer, or a third-party administrator. There
are a number of exceptions and special rules for high coverage cost
states and different job classifications.
<br />
<br />
<em>This [B_Officialname] Legislative Brief is not intended to be
exhaustive nor should any discussion or opinions be construed as legal
advice. Readers should contact legal counsel for legal advice.
<br />
<br />
Content © 2010 Zywave, Inc. Images © 2000 Getty Images, Inc.  All rights
reserved.
ES 3/10
</em>
]]></content:encoded>
               <crossTech:Body>&lt;br /&gt;&lt;br /&gt;&lt;div style="text-align: center;"&gt;&lt;img alt="Photobucket" src="http://img.photobucket.com/albums/v649/andrewsaputo/header.jpg" style="border-width: 0px; border-style: solid;" /&gt;&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;On March 23, 2010, President Obama signed into law the health carereform bill, the Patient Protection and AffordableCare Act. This legislation, along with the Health Care and EducationReconciliation Act of 2010, makes sweeping changes to the U.S. healthcare system. These changes will be implemented over the next severalyears.&lt;br /&gt;&lt;br /&gt;&amp;nbsp;This Legislative Brief provides a timeline of the implementation of keyreform provisions that affect employers and individuals. Please readbelow for more information and contact [B_Officialname] with anyquestions about how you can prepare for health care reform.&lt;br /&gt;&lt;br /&gt;&lt;div style="text-align: center;"&gt;&lt;strong&gt;&lt;span style="text-decoration: underline;"&gt;2010&lt;/span&gt;&lt;/strong&gt;&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;&lt;strong&gt;&amp;nbsp;Expanded Insurance Coverage&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;The health care reform law contains some provisions designed to provideimmediate improvements in access to health care coverage.&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Extended Coverage for Young Adults&lt;/strong&gt;. Group health plans    and health insurance issuers offering group or individual health    insurance coverage that provides dependent coverage of children must    make coverage available for adult children up to age 26. There is no    requirement to cover the child of a dependent child. This requirement    will apply to grandfathered and new plans.    &lt;/li&gt;&lt;/ul&gt;&lt;blockquote&gt;&lt;strong&gt;Note&lt;/strong&gt;: a "grandfathered plan" is one in which anindividual was enrolled on March 23, 2010, and to which there is nochange to existing coverage. Many requirements of the new law do notapply to grandfathered plans and nothing in the law requires individualsterminate coverage in which they were enrolled when the law was passed.A plan can still be a grandfathered plan even if family members or newemployees are allowed to join.&lt;br /&gt;&lt;/blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Access to Insurance for Uninsured Individuals with    Pre-Existing Conditions&lt;/strong&gt;. The health care reform bill provides for    the establishment of a temporary high risk health insurance pool program    to provide health insurance coverage for certain uninsured individuals    with pre-existing conditions. The program will end when the health    insurance exchanges, set to be established in 2014, are operational.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Identifying Affordable Coverage.&lt;/strong&gt; The Secretary of Health    and Human Services is required to establish an Internet website through    which residents of any state may identify affordable health insurance    coverage options in that state. The website will also include    information for small businesses about available coverage options,    reinsurance for early retirees, small business tax credits, and other    information of interest to small businesses. So-called "mini-med" or    limited-benefit plans will be precluded from listing their policies on    this website.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Reinsurance for Covering Early Retirees.&lt;/strong&gt; The new law    requires the establishment of a temporary reinsurance program to provide    reimbursement to participating employment-based plans for a portion of    the cost of providing health insurance coverage to early retirees and    their spouses, surviving spouses and dependents. This program will end    on January 1, 2014.    &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Health Insurance Reform&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;The new law also imposes requirements on health insurance issuers toreform certain insurance practices and improve the coverage available.&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Eliminating Pre-Existing Condition Exclusions for Children.&lt;/strong&gt;    Group health plans and health insurance issuers may not impose    pre-existing condition exclusions on coverage for children. This    provision will apply to all employer plans and new plans in the    individual market. This provision will also apply to adults in 2014.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Coverage of Preventive Health Services.&lt;/strong&gt; Group health    plans and health insurance issuers offering group or individual health    insurance coverage must provide coverage for preventive services. These    plans also may not impose cost sharing requirements for preventive    services.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Prohibiting Rescissions&lt;/strong&gt;. The health care reform law is    designed to prohibit abusive rescissions of coverage by insurance    companies when an individual gets sick as a way of avoiding covering the    cost of the individual's health care needs. Group health plans and    health insurance issuers offering group or individual insurance coverage    may not rescind coverage once the enrollee is covered, except in cases    of fraud or intentional misrepresentation. Plan coverage may not be    canceled without prior notice to the enrollee. This provision applies to    all new and existing plans.    &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Limits on Lifetime and Annual Limits&lt;/strong&gt;. In general, group    health plans and health insurance issuers offering group or individual    health insurance coverage may not establish lifetime limits on the    dollar value of benefits for any participant or beneficiary or impose    unreasonable annual limits on the dollar value of benefits for any    participant or beneficiary. This requirement applies to all plans.    Annual limits will also be prohibited beginning in 2014.    &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Health Plan Administration&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;In addition to any administrative changes required by the coverageimprovements described above, health plans will be subject to increasedadministrative duties under health care reform.&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Improved Appeals Process.&lt;/strong&gt; Group health plans and health    insurance issuers offering group or individual health insurance coverage    must implement an effective appeals process for appeals of coverage    determinations and claims. At a minimum, plans and issuers must:    &lt;/li&gt;&lt;/ul&gt;&lt;blockquote&gt;o&amp;nbsp;&amp;nbsp;have an internal claims process in effect;&lt;br /&gt;&lt;br /&gt;o&amp;nbsp;&amp;nbsp;provide notice to enrollees, in a culturally and linguisticallyappropriate manner, of available internal and external appealsprocesses, and the availability of any applicable office of healthinsurance consumer assistance or ombudsman to assist them with theappeals processes; and&lt;br /&gt;&lt;br /&gt;o&amp;nbsp;&amp;nbsp;allow enrollees to review their files, to present evidence andtestimony as part of the appeals process, and to receive continuedcoverage pending the outcome of the appeals process.&lt;br /&gt;&lt;/blockquote&gt;The internal claims process must initially incorporate thecurrent claims procedure regulations issued by the Department of Laborin 2001. Plans and issuers must also implement an external reviewprocess that meets applicable state requirements and guidance that is tobe issued.&lt;br /&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Nondiscrimination Rules for Fully-Insured Plans&lt;/strong&gt;.    Fully-insured group health plans will now have to satisfy    nondiscrimination rules regarding eligibility to participate in the plan    and eligibility for benefits. These rules prohibit discrimination in    favor of highly compensated individuals. This section does not appear to    apply to grandfathered plans.&amp;nbsp;&lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Medicare/Medicaid&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;The health care reform law will further affect individuals by makingcertain changes to Medicare and Medicaid.&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Rebates for the Medicare Part D "Donut Hole."&lt;/strong&gt; Currently,    there is a gap in Medicare prescription drug coverage. The coverage gap    falls between $2,830 and $6,440 in total drug spending. The health care    reform bill provides a $250 rebate check for all Medicare Part D    enrollees who enter the "donut hole." Beginning in 2011, a 50 percent    discount on brand-name drugs will be instituted and generic drug    coverage will be provided in the donut hole. The donut hole gap will be    filled by 2020. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Medicaid Flexibility for States&lt;/strong&gt;. States are given a new    option under the health care reform law to cover additional individuals    under Medicare. States will be able to cover parents and childless    adults up to 133 percent of the Federal Poverty Level (FPL).&amp;nbsp;&lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Fees and Taxes&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;With a total estimated cost of over $900 billion dollars, the reform ofthe nation's health care system comes with additional costs and fees.These fees will also be implemented over the next several years.However, health care reform also includes some subsidies, in the form oftax credits, to help individuals and businesses pay for coverage.&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Small Business Tax Credit. &lt;/strong&gt;The first phase of the small    business tax credit for qualified small employers begins in 2010. These    employers can receive a credit for contributions to purchase health    insurance for employees. The credit is up to 35 percent of the    employer's contribution to provide health insurance for employees. There    is also up to a 25 percent credit for small nonprofit organizations.    When health insurance exchanges are operational, tax credits will    increase, up to 50 percent of premiums.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Indoor Tanning Services Tax.&lt;/strong&gt; One additional tax imposed    by the health care reform law is a 10 percent tax on amounts paid for    indoor sun tanning services. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;div style="text-align: center;"&gt;&lt;span style="text-decoration: underline;"&gt;&lt;strong&gt;2011&lt;br /&gt;&lt;br /&gt;&lt;/strong&gt;&lt;/span&gt;&lt;/div&gt;&lt;strong&gt;Expanded Insurance Coverage&lt;/strong&gt;&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Voluntary Long-Term Care Insurance Options.&lt;/strong&gt; The health    care reform law creates a long-term care insurance program for adults    who become disabled. Participation will be voluntary and the program is    to be funded by voluntary payroll deductions to provide benefits to    adults who become disabled. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Health Plan Administration&lt;/strong&gt;&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Improving Medical Loss Ratios&lt;/strong&gt;. Health insurance issuers    offering group or individual health insurance coverage (including    grandfathered health plans) must annually report on the share of premium    dollars spent on health care and provide consumer rebates for excessive    medical loss ratios. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Reporting Health Coverage Costs on Form W-2.&lt;/strong&gt; Beginning in    2011, employers will be required to disclose the value of the health    coverage provided by the employer to each employee on the employee's    annual Form W-2. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Standardizing the Definition of Qualified Medical Expenses.&lt;/strong&gt;    The health care reform law conforms to the definition of "qualified    medical expenses" for HSAs, FSAs and HRAs to the definition used for the    itemized tax deduction. An exception to this rule is included so that    amounts paid for over-the-counter medicine with a prescription still    qualify as medical expenses. Costs for over-the-counter medications    obtained without a prescription would not qualify. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Cafeteria Plan Changes.&lt;/strong&gt; The new law creates a Simple    Cafeteria Plan to provide a vehicle through which small businesses can    provide tax‐free benefits to their employees. This plan is designed to    ease the small employer's administrative burden of sponsoring a    cafeteria plan. The provision also exempts employers who make    contributions for employees under a simple cafeteria plan from pension    plan nondiscrimination requirements applicable to highly compensated and    key employees. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Medicare/Medicaid&lt;/strong&gt;&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Medicare Part D Discounts&lt;/strong&gt;. In order to make prescription    drug coverage more affordable for Medicare enrollees, the new law will    provide a 50 percent discount on all brand-name drugs and biologics in    the "donut hole." It also begins phasing in additional discounts on    brand-name and generic drugs to completely fill the donut hole by 2020    for all Part D enrollees. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Additional Preventive Health Coverage.&lt;/strong&gt; The new law    provides a free, annual wellness visit and personalized prevention plan    services for Medicare beneficiaries and eliminates cost-sharing for    preventive services beginning in 2011.&amp;nbsp;&lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Fees and Taxes &lt;/strong&gt;&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Increased Tax on Withdrawals from HSAs and Archer MSAs&lt;/strong&gt;.    The health care reform law will increase the additional tax on HSA    withdrawals prior to age 65 that are not used for qualified medical    expenses from 10 to 20 percent. The additional tax for Archer MSA    withdrawals not used for qualified medical expenses would increase from    15 to 20 percent. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;div style="text-align: center;"&gt;&lt;span style="text-decoration: underline;"&gt;&lt;strong&gt;2013&lt;br /&gt;&lt;br /&gt;&lt;/strong&gt;&lt;/span&gt;&lt;/div&gt;&lt;strong&gt;Health Plan Administration&lt;/strong&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Administrative Simplification.&lt;/strong&gt; Beginning in 2010, health    plans must adopt and implement uniform standards and business rules for    the electronic exchange of health information to reduce paperwork and    administrative burdens and costs. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Limiting Health Flexible Savings Account Contributions.&lt;/strong&gt;    The new health care law will limit the amount of contributions to health    FSAs to $2,500 per year, indexed by CPI for subsequent years. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Fees and Taxes&lt;/strong&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Eliminating Deduction for Medicare Part D Subsidy.&lt;/strong&gt;    Currently, employers that maintain prescription drug plans for their    Medicare Part D eligible retirees are entitled to a tax deduction. This    deduction will be eliminated in 2013. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Increased Threshold for Medical Expense Deductions.&lt;/strong&gt; The    health care reform law increases the income threshold for claiming the    itemized deduction for medical expenses from 7.5 percent of income to 10    percent. However, individuals over 65 would be able to claim the    itemized deduction for medical expenses at 7.5 percent of adjusted gross    income through 2016.&lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Additional Hospital Insurance Tax for High Wage Workers. &lt;/strong&gt;The    new law increases the hospital insurance tax rate by 0.9 percentage    points on wages over $200,000 for an individual ($250,000 for married    couples filing jointly). The tax is also expanded to include a 3.8    percent tax on net investment income in the case of taxpayers earning    over $200,000 ($250,000 for joint returns). &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Medical Device Excise Tax.&lt;/strong&gt; The law also establishes a 2.3    percent excise tax on the first sale for use of a medical device. Eye    glasses, contact lenses, hearing aids, and any device of a type that is    generally purchased by the public at retail for individual use are    excepted from the tax. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;div style="text-align: center;"&gt;&lt;strong&gt;&lt;span style="text-decoration: underline;"&gt;2014&lt;br /&gt;&lt;br /&gt;&lt;/span&gt;&lt;/strong&gt;&lt;/div&gt;&lt;strong&gt;Coverage Mandates &lt;/strong&gt;&lt;br /&gt;&lt;blockquote&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Individual Coverage Mandates.&lt;/strong&gt; The health care reform    legislation requires most individuals to obtain acceptable health    insurance coverage or pay a penalty, beginning in 2014. The penalty will    start at $95 per person for 2014 and increase each year. The penalty    amount increases to $325 in 2015 and to $695 (or up to 2.5 percent of    income) in 2016, up to a cap of the national average bronze plan    premium. After 2016, dollar amounts are indexed. Families will pay half    the penalty amount for children, up to a cap of $2,250 per family.    Individuals may be eligible for an exemption from the penalty if they    cannot obtain affordable coverage. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Employer Coverage Mandates.&lt;/strong&gt; Employers with 50 or more    employees that do not offer coverage to their employees will be subject    to penalties if one employee receives a government subsidy for health    coverage. The penalty amount is up to $2,000 annually for each full-time    employee, excluding the first 30 employees. Employers who offer    coverage, but whose employees receive tax credits, will be subject to a    fine of $3,000 for each worker receiving a tax credit, up to an    aggregate cap of $2,000 per full-time employee. Employers will be    required to report to the federal government on health coverage they    provide. &lt;/li&gt;&lt;/ul&gt;&lt;/blockquote&gt;&lt;strong&gt;Health Insurance Exchanges&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;The health care reform legislation provides for &lt;em&gt;health insuranceexchanges&lt;/em&gt; to be established in each state in 2014. Individuals andsmall employers will be able to shop for insurance through theexchanges. Small employers are those with no more than 100 employees. Ifa small employer later grows above 100 employees, it may still betreated as a small employer. Large employers with over 100 employees areto be allowed into the exchanges in 2017. Workers who qualify for anaffordability exemption to the coverage mandate, but do not qualify fortax credits, can use their employer contribution to join an exchangeplan.&lt;br /&gt;&lt;br /&gt;&lt;strong&gt;Health Insurance Reform&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;Additional &lt;em&gt;health insurance reform&lt;/em&gt; measures will be implementedbeginning in 2014. Specifically, health insurance companies will not bepermitted to:&lt;br /&gt;&lt;ul&gt;    &lt;li&gt;Refuse to sell or renew policies due to an individual's health    status; &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;Exclude coverage for treatments based on pre-existing health    conditions; &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;Charge higher rates due to heath status, gender or other factors    (premiums will be able to vary based only on age (no more than 3:1),    geography, family size, and tobacco use); &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;Impose annual limits on the amount of coverage an individual may    receive; or &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;Drop coverage because an individual chooses to participate in a    clinical trial for cancer or other life-threatening diseases or deny    coverage for routine care that they would otherwise provide just because    an individual is enrolled in such a clinical trial. &lt;/li&gt;&lt;/ul&gt;&lt;strong&gt;Fees and Taxes &lt;/strong&gt;&lt;br /&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Individual Health Care Tax Credits&lt;/strong&gt;. The new law makes    premium tax credits available through the exchanges to ensure people can    obtain affordable coverage. Credits are available for people with    incomes above Medicaid eligibility and below 400 percent of poverty    level who are not eligible for or offered other acceptable coverage. The    credits apply to both premiums and cost-sharing. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Small Business Tax Credit.&lt;/strong&gt; The second phase of the small    business tax credit for qualified small employers will be implemented in    2014.  These employers can receive a credit for contributions to    purchase health insurance for employees, up to 50 percent of premiums. &lt;/li&gt;&lt;/ul&gt;&lt;ul&gt;    &lt;li&gt;&lt;strong&gt;Health Insurance Provider Fee.&lt;/strong&gt; The health care reform law    imposes an annual, non-deductible fee on the health insurance sector,    allocated across the industry according to market share. The fee does    not apply to companies whose net premiums written are $25 million or    less. &lt;/li&gt;&lt;/ul&gt;&lt;div style="text-align: center;"&gt;&lt;span style="text-decoration: underline;"&gt;&lt;strong&gt;2018&lt;br /&gt;&lt;br /&gt;&lt;/strong&gt;&lt;/span&gt;&lt;/div&gt;&lt;strong&gt;High-Cost Plan Excise Tax&lt;/strong&gt;&lt;br /&gt;&lt;br /&gt;A 40 percent excise tax is to be imposed on the excess benefit of highcost employer-sponsored health insurance (also known as a "Cadillactax"). The annual limit for purposes of calculating the excess benefitsis $8,500 for individuals and $23,000 for other than individualcoverage. Responsibility for the tax is on the "coverage provider" whichcan be the insurer, the employer, or a third-party administrator. Thereare a number of exceptions and special rules for high coverage coststates and different job classifications.&lt;br /&gt;&lt;br /&gt;&lt;em&gt;This [B_Officialname] Legislative Brief is not intended to beexhaustive nor should any discussion or opinions be construed as legaladvice. Readers should contact legal counsel for legal advice.&lt;br /&gt;&lt;br /&gt;Content &amp;copy; 2010 Zywave, Inc. Images &amp;copy; 2000 Getty Images, Inc.  All rightsreserved.ES 3/10&lt;/em&gt;</crossTech:Body>
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               <dc:creator>Wilson-Heirgood Insurance</dc:creator>
               <link>http://whainsurance.com/article.html?a=legislation-brief-health-care-reform-timeline</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=legislation-brief-health-care-reform-timeline/e38c0c99-36e3-4a01-b84f-81b594cf5101</guid>
               <pubDate>Thu, 03 Jun 2010 16:00:00 GMT</pubDate>
               <crossTech:date>6/3/2010</crossTech:date>
               <category>Life &amp; Health</category>
          </item>
          <item>
               <title>DOT Sets Texting Ban</title>
               <description>The Department of Transportation (DOT) has prohibited truck and busdrivers from sending text messages while operating commercial vehicles.</description>
               <content:encoded><![CDATA[Washington - The Department of Transportation (DOT) has prohibited truck
and bus drivers from sending text messages while operating commercial
vehicles. <br />
<br />
The ban affects drivers of interstate buses and trucks over 10,000
pounds. those offenders may be subject to civil or criminal penalties of
up to $2,750.<br />
<br />
"Our regulations will help prevent unsafe activity within the cab," said
Federal Motor Carrier Safety Administration (FMCSA) Administrator Anne
Ferro. "We want to make it crystal clear to operators and their
employers that texting while driving is the type of unsafe activity that
these regulations are intended to prohibit."<br />
<br />
The prohibition does not apply to on-board devices that allow
dispatchers to send text messages to truck drivers, but most of those
devices have mechanisms that prevent their use while a truck is in
motion, said Clayton Boyce, a spokesman for the American Trucking
Association.<br />
<br />
Research by the FMCSA shows that drivers who send and receive text
messages take their eyes off the road for an average of 4.6 seconds out
of every 6 seconds while texting, the department said. at 55 miles per
hour, this means that the driver is traveling the length of a football
field, including the end zones, without looking at the road.<br />
<br />
American Trucking Association's president Bill Graves said that "Highway
safety is critically important to the trucking industry, commercial
vehicles, passenger buses, and the motoring public. Texting on a
hand-held phone while driving substantially elevates the risk of being
involved in a crash," Graves said. "ATA supports the DOT's action to ban
the use of hand-held wireless devices by commercial drivers to send or
receive text messages while driving."<br />
<br />
The DOT and safety advocates have joined forces to create FocusDrivin,
an organization to campaign against cell phone use or texting on
hand-held computers while driving. The organization will be modeled
after Mothers Against Drunk Drivers (MADD), Which has successfully
lobbied for tougher drunk-driving laws.
]]></content:encoded>
               <crossTech:Body>Washington - The Department of Transportation (DOT) has prohibited truckand bus drivers from sending text messages while operating commercialvehicles. &lt;br /&gt;&lt;br /&gt;The ban affects drivers of interstate buses and trucks over 10,000pounds. those offenders may be subject to civil or criminal penalties ofup to $2,750.&lt;br /&gt;&lt;br /&gt;"Our regulations will help prevent unsafe activity within the cab," saidFederal Motor Carrier Safety Administration (FMCSA) Administrator AnneFerro. "We want to make it crystal clear to operators and theiremployers that texting while driving is the type of unsafe activity thatthese regulations are intended to prohibit."&lt;br /&gt;&lt;br /&gt;The prohibition does not apply to on-board devices that allowdispatchers to send text messages to truck drivers, but most of thosedevices have mechanisms that prevent their use while a truck is inmotion, said Clayton Boyce, a spokesman for the American TruckingAssociation.&lt;br /&gt;&lt;br /&gt;Research by the FMCSA shows that drivers who send and receive textmessages take their eyes off the road for an average of 4.6 seconds outof every 6 seconds while texting, the department said. at 55 miles perhour, this means that the driver is traveling the length of a footballfield, including the end zones, without looking at the road.&lt;br /&gt;&lt;br /&gt;American Trucking Association's president Bill Graves said that "Highwaysafety is critically important to the trucking industry, commercialvehicles, passenger buses, and the motoring public. Texting on ahand-held phone while driving substantially elevates the risk of beinginvolved in a crash," Graves said. "ATA supports the DOT's action to banthe use of hand-held wireless devices by commercial drivers to send orreceive text messages while driving."&lt;br /&gt;&lt;br /&gt;The DOT and safety advocates have joined forces to create FocusDrivin,an organization to campaign against cell phone use or texting onhand-held computers while driving. The organization will be modeledafter Mothers Against Drunk Drivers (MADD), Which has successfullylobbied for tougher drunk-driving laws.</crossTech:Body>
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               <dc:creator>WHA Insurance &amp; Great West Casualty Company</dc:creator>
               <link>http://whainsurance.com/article.html?a=dot-sets-texting-ban</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=dot-sets-texting-ban/aa614b35-89cb-46fd-b0c2-a45fd7729c75</guid>
               <pubDate>Fri, 07 May 2010 04:00:00 GMT</pubDate>
               <crossTech:date>5/7/2010</crossTech:date>
               <category>Trucking</category>
          </item>
          <item>
               <title>Automobiles are Hazardous Material</title>
               <description>When a trucking company obtains a U.S. DOT number, it must file a "Motor Carrier Identification Report" (Form MCS-150)</description>
               <content:encoded><![CDATA[<p>When a trucking company obtains a U.S. DOT number, it must file a “Motor Carrier Identification Report” (Form MCS-150).</p>
<p> </p>
<p><a class="ApplyClass" href="http://safer.fmcsa.dot.gov/public/MCS-150.pdf">Click Here for the MCS-150 Form</a></p>
<p><a href="http://www.fmcsa.dot.gov/documents/forms/r-l/mcs-150-instructions-and-form.pdf">More Instructions for Filling out MCS-150</a></p>
<br />
]]></content:encoded>
               <crossTech:Body>&lt;p&gt;When a trucking company obtains a U.S. DOT number, it must file a "Motor Carrier Identification Report" (Form MCS-150).&lt;/p&gt;&lt;p&gt; &lt;/p&gt;&lt;p&gt;&lt;a class="ApplyClass" href="http://safer.fmcsa.dot.gov/public/MCS-150.pdf"&gt;Click Here for the MCS-150 Form&lt;/a&gt;&lt;/p&gt;&lt;p&gt;&lt;a href="http://www.fmcsa.dot.gov/documents/forms/r-l/mcs-150-instructions-and-form.pdf"&gt;More Instructions for Filling out MCS-150&lt;/a&gt;&lt;/p&gt;&lt;br /&gt;</crossTech:Body>
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               <dc:creator>Wilson-Heirgood Associates</dc:creator>
               <link>http://whainsurance.com/article.html?a=automobiles-are-hazardous-material</link>
               <guid isPermaLink="false">http://whainsurance.com/article.html?a=automobiles-are-hazardous-material/4554855b-8ef5-44bc-ad34-8545a9eb8f3a</guid>
               <pubDate>Mon, 26 Apr 2010 12:00:00 GMT</pubDate>
               <crossTech:date>4/26/2010</crossTech:date>
               <category>Trucking</category>
          </item>
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