Wednesday, February 29, 2012

Most Americans Say Individual Mandate is Unconstitutional

Americans remain split on how healthcare reform is going, a new poll reveals most are sure of one thing-the law’s requirement for all Americans to purchase health insurance or pay a fine is unconstitutional.


A USA today/Gallup poll released Monday finds 72 percent of American adults say the individual mandate is unconstitutional-with 94 percent of Republicans saying so and 56 percent of Democrats agreeing.  And, 53 percent of voters polled in the battleground states—Colorado, Florida, Iowa, Michigan, Ohio, Pennsylvania, Nevada, New Hampshire, New Mexico, North Carolina, Virginia and Wisconsin—say they would favor repealing the law if a Republican is elected President in November. Nationwide, 40 percent said they would favor repeal.

Not surprisingly, Republicans are stronger in their opposition toward healthcare reform, overwhelmingly favoring repeal (87 percent) while Democrats oppose it (77 percent).

Still, most say the health reform law hasn’t yet personally affected them, with about equal proportions saying it has helped (12 percent)or hurt (16 percent) them.

But Americans are less optimistic the law will improve their family’s healthcare situation in the long run, with 38 percent expecting the law will make their situation worse.

 
Wayne Perkins
Employee Benefits Specialist

Tuesday, February 28, 2012

What women should know about their leading killer

Millions of women around the country live with cardiovascular disease, and many don’t know it. The consequences of being uninformed can be fatal. Heart disease is the leading cause of death for American women, claiming more victims than breast cancer in any given year.


There are a number of factors that can put a woman at risk:


1) Hypertension
High blood pressure can exert stress on blood vessel walls and make them more likely to get clogged.

2) Cholesterol levels
High levels of “bad” cholesterol can lead to blockages that can cause a number of problems, include heart attacks and stroke.

3) Smoking
Women who smoke have a much higher risk of heart attacks than non- smokers.

4) Obesity
The chance for heart disease increases with a woman’s weight. Even losing a little bit of weight can help diminish the chances of problems.

5) Diabetes
High blood sugar can damage the arteries that supply blood to the heart.
Long term problems with Diabetes include:

---Heart Disease
---Stroke
---Loss of use of limbs
---Loss of eyesight

6) Family History
A woman with blood relatives who were diagnosed with heart disease is at a heightened risk of developing heart disease.

7) Lack of physical exercise
Inactivity can promote heart disease. Daily physical activity can go a long way to help a woman stay healthy.


There are a number of ways women can help prevent heart disease:


1) Exercise Daily
The best rule of thumb is to have at least 20-30 minutes of uninterrupted cardiovascular exercise every day. Walking, running, swimming, bicycling, or elliptical machines are all good forms of this exercise.

2) Do not use tobacco products
Extended smoking over the years is basically a death sentence. There is also some evidence that women that smoke are most susceptible to heart disease than men.

3) Eat Healthy
The best scenario is to:

---reduce consumption of sugar and sugar products
---reduce the usage of fats (such as butter), sauces and gravy
---reduce the portion size of what we eat.
---don’t eat out as much

4) Maintain a healthy weight
See #1 and #3 to maintain a healthy weight

5) See a doctor regularly
Most health plans include coverage for wellness visits such as physicals, breast exams, colonoscopies, etc. Check with your carrier to see what is available to you at little or no out of pocket.

A healthy lifestyle will help your heart, your overall health, your attitude, and make your clothes fit better! Look for more information about our “CRS Healthy Lifestyles” in our CRS website:

www.commercialriskservice.com

Bobby Bland PWCA, CIC
Vice President
Commercial Risk Service

Tuesday, February 21, 2012

New laws lead to more product liability claims

Manufacturers in the consumer products and food industries are facing increased liability claims, as well as more product recalls as a result of new laws and growing consumer awareness of safety and quality.


Since the passage of the FDA Food Safety and Modernization Act, signed into law in 2011, and the Consumer Product Safety Improvement Act of 2008, product liability and recalls have become special concerns in the consumer products and food industries. Product liability insurance prices are very competitive with a focus on quality control.

The FDA now has statutory authority to conduct product recalls on food, whereas before they could only request a recall. A large number of food-related companies buy product recall insurance, also called product contamination insurance. The Consumer Product Safety Improvement Act, which applies to all companies manufacturing or distributing consumer goods, steps up reporting requirements and recall obligations if they have a potential to cause harm.

A few issues to think about here:

---As a vendor or manufacturer, you should be prepared for Safety inspections on your products. There should be operational guidelines in place for complying and working with these agency inspections.

---You should consider purchasing “recall insurance”. If your product is recalled by one of these agencies, you will have no options- you must comply immediately. However, the cost of recalling these products is specifically excluded in any General Liability policy, which includes product liability. This process can be wildly expensive and could actually break a company. Recall coverage is available, no matter where the product is manufactured.

---You may also want to consider developing a “recall plan” in case some of your products are recalled. Have a plan contending with 1) where to pick up the products, 2) where to find the products, and 3) where to go with the products. Put this plan in writing.

Consumer protection is here to stay. Make plans now to protect yourself against the high cost of this problem.

Bobby Bland PICA, CIC
Vice President
Commercial Risk Service

Tuesday, February 14, 2012

Is this Worker's Comp?

Employee is injured while driving for coffee: Is he due worker’s compensation?


In most states, employees can earn worker’s comp coverage for injuries that occur “in the course of normal employment”. That can be a fuzzy term- you be the judge:

The Case

A plumber for a plumbing company drove to a work site, but the person he was meeting wasn’t available for 45 minutes. He decided to drive to a deli five miles away to get a cup of coffee. On the way, he was involved in a traffic accident and broke both legs. The worker’s comp carrier awarded him 100% benefits. The employer appealed, saying the accident didn’t arise “in the course of employment”. Was he due worker’s comp?

The ruling:

A state appeals court rejected the company’s argument and awarded the benefits. It said the plumber engaged in “exactly the kind of brief activity which if embarked on by an inside employee working under set time and place limitations, would be compensable”.

The lesson:

When off-site employees are injured in accidents during slight diversions (such as coffee breaks), courts will probably say they’re equivalent to an on-site worker diversions, meaning they’d be eligible for worker’s compensation benefits.

Also, notice that this said a “State” appeals court. As always, worker’s comp cases are handled by the individual state. Each state applies the law a little bit differently.

You may not know EXACTLY where your employees are at all times. However, if they are out working for you, your company will generally be held responsible for any injuries they receive. That’s why it is so important to continually communicate safety and personal responsibility to all your employees.

Bobby Bland PWCA, CIC
Commercial Risk Service

Pick cholesterol-lowering foods

When it comes to bringing down LDL (bad) cholesterol, it appears foods like soy protein, nuts and plant sterols have the upper hand. According to a study in The Journal of the American Medical Association, people with high cholesterol who combined such foods and incorporated them into their diets had a greater reduction in LDL cholesterol than those who followed low-saturated-fat diets that focused on high fiber and whole grains alone.

Researchers found that the cholesterol levels of those who followed the low-saturated-fat diets dropped 3%, while those consuming the cholesterol-lowering food saw a decrease of up to 14%. The best answer- combine a heart-healthy diet of low-saturated-fat and add in the protein and nuts.

Remember- the cholesterol is not the root of the problem- it is a result of the problem. The way you eat and how active you are in your lifestyle is the key. Once those areas improve, your cholesterol will improve along with it!

Bobby Bland PWCA, CIC
Commercial Risk Service

Monday, February 13, 2012

Feds Require Consumer-Friendly Health Plan Briefs.

Don’t have the slightest clue what your health insurance covers?


The Obama administration says that’s going to change. Officials announced Thursday that starting later this year private health plans will have to provide consumers with a user-friendly summary of what’s covered, along with the key cost details such as copays and deductibles.

Just six pages long. No fine print.

And because the summaries will use single standard format, it will allow “apples to apples” comparisons among health plans that aren’t possible now. That will help working spouses trying to pick between employer plans, as well as people who buy coverage directly from an insurance company.

“If an insurance company offers substandard coverage in some area, they won’t be able to hide in dozens of pages of text,” said Medicare chief Marilyn Tavenner, who also oversees implementation of President Barack Obama’s health care law.

Insurers and business groups were unhappy, calling it another costly new regulation under the overhaul. Consumer groups said the new summaries won’t be perfect, but called them a strong start. Employees should start seeing them during open enrollment season this fall.

Wednesday, February 8, 2012

Obesity if out of control in the U.S.



As everyone knows, our healthcare costs are escalating at a huge rate in this country. One of the largest driving forces is the rate of growth of obesity in all states. First of all, let’s establish what leading an obese/overweight lifestyle can lead to:

---Heart disease and death
---Joint and tendon problems
---Stroke
---Depression
---Diabetes
---Cancer

Get the idea?

Now, look at these statistics on obesity. As you can see, it is out of control:
Year           Obesity trends
1994          16 states had at least 15% of population that were obese


1999          17 states had at least 20% of population that were obese

                 40 states had at least 15% of population that were obese


2004          9 states had at least 25% of population that were obese

                 46 states had at least 20% of population that were obese

                 50 states had at least 15% of population that were obese


2009         9 states had at least 30% of population that were obese

                22 states had at least 25% of population that were obese

                50 states had at least 20% of population that were obese

In 15 years, we have gone from 16 states that had at least 15% of their population that was obese to 17 states that had at least 30% of their population that were obese!!! Do you wonder why our healthcare cost are out of control?

Our conclusion--- let’s attack obesity in the workplace. Through information and education, as well as making it a priority, maybe we can do something about it! Let us help yo do something about it.

Bobby Bland PWCA, CIC
Healthy Lifestyles
Commercial Risk Service

Executive Liability risk rising for private and Non-profit firms


 

Though privately-held companies and nonprofit organizations are becoming more sophisticated in managing their executive risks, some misconceptions still persist with regard to the true nature of their liability exposures and the insurance products designed to guard against them.

More than ½ of every private or nonprofit firm doesn’t have Directors and Officers insurance for their executive employees and board members. Asked why they don’t buy the coverage, most of them say do not believe they need the coverage. This is simply misguided information. The reality is that executive liability claims can originate from a variety of sources, and they can harm a private or nonprofit organization of any size in any industry.  The majority of those claims are filed in defense of an employee practices lawsuit, but other sources of claims can include customers and clients, competitors, minority shareholders, lenders and donors, as well as fellow executives or board members. Additionally, the biggest misconception is that your General Liability policy will cover you in this scenario- this is simply not true! These types of instances are specifically excluded under almost all General Liability policies.

Customers, clients and competitors pose a significant risk to private and nonprofit companies. Industry observers have noted a recent increase in lawsuits among competing firms that accuse executives and board members of slander, defamation of character and comments disparaging their products or services. Also, litigation over the theft or infringement of intellectual property, trademarks and patents is generally frequent. Regardless of the service they provide, directors and officers of nonprofit firms can be sued by donors, beneficiaries or the government for breaches of their fiduciary responsibilities, mismanaging collected funds, acting beyond their chartered authority or violation of state or federal laws. Nonprofit and private business executives also could find themselves facing client accusations of harassment, discrimination, poor products or poor service, as well as accusations by competitors.

What is the answer to reducing this risk within your organization? You need to purchase Directors and Officers Liability coverage, whether you are a nonprofit organization or a privately-held family for-profit group. The exposures are the same. Depending on the size of your organization, I would recommend no less than $1 Million limits, possibly $2 Million. Also, when you purchase the D&O coverage, make sure to add the Employee Practices Coverage to the policy. This is only available for Nonprofit Organizations as a group policy. If you are a for-profit business, you will need to purchase a separate policy for Employee Practices Liability.

In today’s litigious society, it never hurts to protect your interests. Remember, liability is the only insurance coverage where the more you buy, the cheaper the rate gets!

Bobby Bland PWCA, CIC
Vice President
Commercial Risk Service