July Brings Legal Changes for Employers in Many States

Oregon Statewide Transit Tax Important notice to ambulance service employers based in the state of Oregon: there is a new statewide transit tax taking effect on July 1, 2018. Beginning July 1st, employers must start withholding a tax of 1/10th of 1% from the wages of Oregon residents or from non-residents who perform services in Oregon. The Department of Revenue has published detailed information on the statewide tax with a list of available resources to assist employers with compliance. Iowa Lowers Standard for Positive Alcohol Tests Effective July 1, 2018, Iowa employers may lower their standard for taking employment action for positive alcohol tests from the old state standard of .04 to .02. Iowa has one of the strictest employment drug and alcohol testing requirements in the country. Employers are required to have a written policy that is distributed to all employees and job candidates for their review. Employers must establish a drug and alcohol awareness program alerting employees of the dangers of drug and alcohol use in the workplace, and most employees must be provided an option to enter a rehabilitation program instead of being disciplined. In addition, all supervisory staff must attend a two-hour initial drug and alcohol...

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Data Privacy

This past January, the AAA hosted a webinar presented by EMS/healthcare Attorneys Matthew Streger, Margaret Keavney, and Rebecca Ragkoski, titled Cybersecurity, Top 10 Considerations in Healthcare and How to Address Them. During this very informative webinar, Matt, Margaret, and Rebecca covered one of the biggest issues facing EMS and other healthcare providers today, data security. If you did not get chance to listen in on this program, it is available on-demand at the AAA website. As highlighted in their webinar, data security and data breach concerns are one of the most frequently encountered issues facing EMS agencies as healthcare providers but also as employers. Ensuring that patient and employee protected health information (PHI) and personally identifiable information (PII) is adequately protected from access or intrusion is critically important. Alabama becomes the 50th state to enact data breach requirements for all individuals and businesses in the state. The Society for Human Resource Management (SHRM) provides a great summary of the new breach requirements in several article resources published this week. The National Conference on State Legislatures is a great resource for learning the laws that apply to your organization. Of course, it is recommended that all members engage a law firm...

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OSHA Injury Reporting

Last year we notified AAA members that they must begin electronically reporting their workplace injury data to OSHA starting December 1, 2017 for 2016. This is just a reminder to all employers can begin electronically reporting their 2017 workplace injury data through the OSHA Injury Tracking Application (ITA). 2017 Injury Data must be submitted to OSHA no later than July 1, 2018. For employers in states that are covered by OSHA approved state level work injury regulations, OSHA has announced on April 30, 2018 that employers in states that have not completed the adoption of a state rule must also report their 2017 injury data through the OSHA ITA. If any member has not set up their account with OSHA on the ITA, we strongly suggest that you do so immediately. The AAA can assist members who need assistance ensuring they are compliant with this reporting requirement....

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ACA Affordability Adjustment

The Internal Revenue Service (IRS) announced on May 21, 2018 that it would be increasing the employee shared responsibility premium percentage under the ACA for 2019. Today, employers are compliant with the ACA if their health plans provide “essential health benefits” that are “affordable” for employees. The “affordability” requirement states that an employer’s health plan premium cost for employees must not exceed 9.56% of household income for the lowest cost, self-only plan. The IRS is adjusting that rate based upon inflation to 9.86% for 2019. With the average cost of health insurance single premium increasing 4% in 2017, this is a bit of relief as employers struggle with maintaining the affordability requirement....

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Recovering Loss of Revenue from “not at fault” Accidents

When your units get hit by a third party and the vehicle is out of service, are you getting Loss of Revenue for the downtime while the unit is being repaired? Whether you answered yes or no to that question, reading this article will be the one of the most lucrative uses of your time this year. A call comes in and your dispatcher does a perfect job of answering and scheduling the run. The EMT’s jump into the clean, fueled, and well stocked ambulance responding to the call. Then from out of nowhere, a car turns directly into the ambulance’s path rolling through a stop sign. Now what? You have two paramedics stranded on the side of the road who will be spending the next few hours on paperwork and drug testing. In addition, all the drugs and small equipment need to be removed or secured. Hopefully you have another unit to dispatch or your competitor may have already been called. What happens next is key to getting maximum recovery for your losses caused by the accident. Key items that help maximize your recovery from accidents: Educate and equip fleet drivers with the tools necessary to collect key accident...

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Family Liaisons Following EMS Line of Duty Deaths

I was just a kid when I started in EMS. 23 years old, hungry for adventure, and ready for everything the world of EMS was prepared to give me. Car accidents, gunshot wounds, stabbings, intoxicated shenanigans, elderly falls, fist fights, medical emergencies, strokes, and cardiac arrest were all on my list of expected possibilities. One of the scenarios I had not thought of, and nobody presented to me throughout school and orientation, was the possibility of clocking in for shift and not going home. I do not recall line of duty deaths being a discussion point in the paramedic curriculum, job interview, or orientation process. I had experienced the unexpected loss of a younger sibling due to a motor vehicle crash before I started my journey in EMS, but the fact that life is short and unpredictable did not connect with the fact that I was knowingly and willingly walking myself into unknown and potentially dangerous situations with each response. Even after the UW Med Flight crash happened early in my career, and in my service area, we simply did not talk about our own potential for death as a direct result of our profession. Years later, after many more...

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Battling the Opioid Crisis as Employers

As ambulance providers we are acutely aware of the opioid crisis in the United States. As providers of emergency medical care, our EMS agencies have been responding to, and providing life–saving treatment to opioid users. In addition to fighting this crisis in the field, we can also combat opioid use in another way. The Society for Human Resources Management (SHRM) published an article this week, Surgeon General Calls On Employers to Combat Opioid Epidemic, regarding the role that employers can take in helping to fight the opioid epidemic.  The U.S. Surgeon General is urging employers to utilize the information available to them from employer sponsored health plans to restrict access to certain medications associated with the opioid crisis. In addition, he urged employers to utilize employer sponsored health plan claims data to gain insight to the de–identified beneficiary use of opioid medications. Employers with self–funded or captive insurance plans have greater access to claims information and can focus efforts more meaningfully. Lastly, the Surgeon General encouraged employers to ensure that employees have access to mental health and addiction medicine treatment benefits and suggested health plans that utilize Pharmacy Benefits Management (PBM) to limit opioid prescriptions in an effort to better align...

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EEO-1 Survey Due March 31

The American Ambulance Association (AAA) wants to remind all employers located United States and the District of Columbia that are required to file their EEO-1 Survey Data annually that the deadline to file is quickly approaching on March 31, 2018.  Employers who have at least 100 employees are required to file EEO-1 survey annually with the EEOC.  Also, employers who are Federal contractors with 50 or more employees and at least $50,000 in contracts must file as well.  The Equal Employment Opportunity Commission (EEOC) has many resources, including an informative reference guide How to File an EEO-1 Report available to assist employers with filing the survey data.  Employers should file on-line at the EEOC’s EEO-1 Survey Portal.  The AAA is always available to assist members with this, or any human resources issue that your organizations might be facing....

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