Since the ADA Amendments Act of 2008 (ADAAA) went into effect, there has been a considerable rise in ADA-related lawsuits. This is due to the expanded definition of “disability” under the ADAAA, which increases the number of employees covered under the ADA. Also, the ADAAA shifted emphasis from whether the employee is disabled to how the employer should accommodate the employee.
You can limit your company’s liability regarding ADA-related claims by taking these steps:

• Make sure your policies and practices are compliant with ADAAA’s regulations.
• Train your HR personnel and managers regarding ADAAA, namely regarding accommodation issues.
• Ensure all job descriptions include the “essential functions” of the position.

DID YOU KNOW?
A new survey from the National Business Group on Health reveals that many employees are reluctant to receive benefits communications through social media channels.
The majority of employees said they were not interested in receiving employer-provided benefits or wellness information via social media. These workers would prefer their employers stick to traditional communication methods such as e-mail and home mailings.

Benefits and HR tips brought to you by the
insurance professionals at Scott Haile & Company.

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Many provisions of the health care reform legislation go into effect on the first day of the plan years beginning on or after September 23, 2010. Use this checklist to ensure compliance for your health plan.
Determine if you have a grandfathered plan
For non-grandfathered plans only:

• Amend plan to cover recommended preventive services
• Create or update your claims appeal process to comply with new requirements
• If fully-insured, amend plan to eliminate impermissible discrimination in favor of highly compensated employees
• Amend plan to include patient protections
• Amend plan to cover dependents up to age 26

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