When it comes to health savings accounts, you’ve to separate the hype from the reality. One of the big myths -  a high-deductible plan with an HSA means lower premiums.

In fact, it varies.  In some cases, an HSA-eligible plan may cost the same as a non-HSA high-deductible plan. In others, the premiums can actually be more expensive, a recent NHPI report locates.

As a matter of fact, a non-HSA plan offering similar coverage can carry a monthly per-employee premium that’s about $15 to $25 lower and a deductible that’s $500 to $1,000 lower than the HSA choice.

Sometimes the difference is as a result of price-jacking -  the HSA plans are the ones that’ve been hyped in radio commercials and mentioned in newspapers in recent years.

Nowadays, fewer individuals  exploring high-deductible plans ask first about the non-HSA, so insurance businesses sometimes slash prices to drum up interest in those options, too. Another factor -  Not all deductibles work the same.

Deductible cuts both ways

Two deductibles can look similar but work differently, and the cost scales can tilt for either an HSA or a non-HSA plan. Example -  HSAs by law can no longer allow first-dollar coverage of prescription drugs. But a non-HSA plan can.

On the flip side, HSAs often feature better preventive-care coverage. In some non-HSA plans, a person who’s yet to meet the deductible must pay out of pocket for standard tests (example -  cholesterol testing) that’re part of the routine physical. Only the office visit itself is covered.

Additionally, HSA-eligible plans have to follow rules that limit total out-of-pocket costs. But this can push up the premiums paid on the front end.

Best bet -  Double-check with your broker to be sure you’re comparing apples to apples when investigating  the costs of HSA and non-HSA plans.

Wellness Program Risks.

If your company has this common â.” and increasingly well-liked â.” fringe benefit you might be at legal risk without even knowing it.

Some businesses have an onsite worker fitness room as part of a formal health promotion program. Others simply do it as a way for folks to get their juices flowing before work or blow off steam afterwards.

No matter the reason, organizations with fitness rooms need to be aware that the benefit isn’t risk-free.

Over the last few years, several privately owned gyms have been sued â.” and agreed to costly settlements â.” after exercisers suffered sudden cardiac arrest (SCA) and died before help arrived. In each case, the facility either didn’t have lifesaving equipment on the premises or didn’t have personnel properly trained to use it.

Some legal specialists have expressed concern that employers could also be at risk if the unthinkable happened on company premises while an worker worked out.

SCA is of particular concern. Reason -  Even seemingly healthy, active adults are at risk of sudden cardiac arrest. It can’t be prevented. There’s no vaccine.

And few victims survive by the time an ambulance arrives. But there’s a way to save the employee’s life and potentially save your firm from a lawsuit.

Learning about SCA

Sudden cardiac arrest (SCA) is a frequently misunderstood killer. It’s different thing as a heart attack. SCA can affect whoever, anywhere, anytime. It occurs more than 600 times every day in the United States, killing at least 250,000 individuals  each year.

The only hope -  using a device called an automated external defibrillator (AED) within 10 minutes.

The good news is any person at your organization could be quickly trained to use an AED â.” you don’t need any medical knowledge to use it.  The training could be obtained for free through a local Red Cross or civic group.  The devices themselves cost under $2,000.

Compare that to the financial risk of being sued for not having an AED near a workplace fitness room, and it’s a no-brainer that any business with on-site workout equipment should at least investigate an AED purchase and training.

Employees, supervisors and upper managers alike will probably need education about SCA and AED use. A excellent teaching resource is available here.

Key talking points -  Without an AED, 90% of victims die. But if you’ve access to one, there’s a good chance to save an employee’s life.  And it’s easy to teach supervisors and staff how to use the device if it’s ever needed.

The vast majority of facilities with AEDs never need to use them â.” and that includes medical facilities. But it only takes one tragic event, and subsequent lawsuit, to cause pain for both the corporation and an employee’s family.

Don’t forget - Prevention and education are always your company’s best tools for avoiding liability. In this case, where human life is involved, the option seems rather obvious.

Hidden Legal Risk for Corporations.

For most firms, voluntary benefits are a win-win arrangement. But there could be hidden risks.

On the positive side, voluntary benefits cost businesss next to nothing, yet boost employees’ morale and benefits satisfaction.  An Aon survey found 77 percent of companies offer at least one voluntary benefit.

But what happens when there’s a legal dispute between one or more of your staff members and the vendor?

In many cases, corporations unwittingly get dragged into court.  The vendor may argue that the plan is covered by ERISA, and the employee’s lawsuit should instead be filed against his or her corporation.

If the court agrees, the legal burden shifts.  Some courts have ruled that a voluntary benefits could  be covered under ERISA, even when it wasn’t an business’s intention to formally “sponsor” the plan.

When push comes to shove, the providers will protect themselves. Indeed, some attorneys warn that a voluntary plan insurer’s first move when sued by one of your workforce are going to be to try to get the legal burden shifted from itself to you.

Two seemingly innocent things that could be turned against you in court -

o  The written announcement to tell workforce about the new voluntary benefit, and

o  getting involved if there’s a dispute between an staff member and the plan provider.

Be careful with announcements When you offer a new voluntary benefit, the natural tendency is to attempt to get employees pumped up to participate. But you are able to get in trouble when people  get the impression the firm endorses the plan. Helpful practices -

o  Don’t put the announcement on organizational letterhead

o  Put a disclaimer on the description

o   either exclude your voluntary offerings from employees’ benefits manuals or list them separately, and

o  hold open enrollment at a different time than for ERISA plans (401(k), primary health plan, etc.).

Likewise, when the vendor offering the voluntary plan has competitors, you may want to remind workforce the vendor of the voluntary plan isn’t the only game in town. Some firms pass along lists of competing vendors.

Avoid involvement in disputes as with your ERISA plans, chances are employees will come to you when they have a problem with a voluntary plan. Your first inclination is to help.

But many specialists warn it’s better to stay out. Reason -  Courts see this as the action of a plan sponsor. But you can steer someone in the right direction (e.g., giving a contact name to call) while remaining neutral in the dispute.

Good intentions gone bad

From an ERISA standpoint, the most perilous voluntary plan design is one that is partially compensated by the corporation, even if personnel pay the bulk of the cost.

In a major ruling several years ago (Burgess v. Cigna Life Insurance), a USA  district court ruled against an corporation with a voluntary supplemental disability plan in which the firm compensated a portion of premiums for its lower-compensated personnel.

While most staff compensated the entire premium â.” and firm made clear to individuals  the plan was a voluntary benefit â.”the court said it didn’t matter.  The act of contributing to some employees’ premiums made it an ERISA plan.

Why Do Sick Workers Come to Work?

In the last few years, “presenteeism” has become an even bigger concern for a lot of businesss than absenteeism. Although many HR/benefits managers hate the admittedly overused term, presenteeism is however a real issue in almost every workplace.

Most widely,  presenteeism takes the form of staff coming to work sick. They’re  unproductive and endanger coworkers. Meanwhile, the staff member is not forced to use a sick day. A bad deal for businesss all the way around.

A recent survey by LifeCare revealed that 93% of staff members (polled from 1,500 businesses) admit that they at least ocassionally come to work when they’re sick enough to stay home. More important, the research study  looked at the reasons why folks do it.

Troubling rationales

The No. 1 reason staff members cited for coming to work sick was a belief that they’d be “letting other individuals  down” if they call out. Almost 30% of respondents cited this as their primary reason. Beyond that, the top responses were -

o  It’s too risky, as a result of office politics or culture, to take time off (26%)

o  The worker is too busy at work to be able to stay home a day (15%)

o  The staff member saves up sick days for childcare/eldercare emergencies (12%), and

o  The employee saves up sick days to use as extra vacation time (8%).

Many of these rationales are troubling to HR/benefits managers.

In the first place, supervisors who hassle workforce about taking legitimate sick leave are, at best, being pennywise and poundfoolish.  Presenteeism costs more than absenteeism, once you figure in the uncharged sick days, lack of productivity and risk of other workforce getting sick.

You have more power than you think to change your organization culture if the “tough it out” mentality still applies to individuals  who come in sick. When executive management is confronted with the real dollars and cents of presenteeism, decling the problem usually becomes a priority.  At the very least, firms shouldn’t invite it.

In terms of supervisor- and employee-education, repetition of the “stay home when you’re sick” message is the key. Eventually, it’ll sink in.

Of course, there’s still the problem â.” as evidenced by the survey â.” of employees who misuse their sick days by attempting to hoard them for other purposes.

Adopting PTO, no-fault absence policies or use-it-lose-it sick leave are the three most common ways of decling the risk, but be aware that each of these policies have risks of their own.

At the end of the day, the more open the lines of communication are between upper management and workforce, the less prevalent the presenteeism problem becomes.

Health Promotion Programs and Ethnic Profiling.

In many segments of society, we  hear about ethnic and racial profiling in negative ways. But what about when it comes to wellness programs?

When used for the specific purpose of starting â.” or analyzing  â.” a wellness or disease management program, profiling isn’t just legal. It’s also encouraged.

Affects health risks

Different racial and ethnic groups tend to be more at risk â.” for genetic and/or cultural reasons â.” of certain medical problems. Examples -

o  African-American, Latino, Native American and Pacific Islanders are  at higher risk of diabetes than Caucasian employees

o  Chinese women are statistically twice as likely to get cervical cancer

o  Caucasians have disproportionately high rates of obesity and high blood pressure, and

o  Latinos have higher rates of asthma and chronic obstructive pulmonary illness than other groups.  The HIV/AIDS population is also disproportionately Hispanic.

Bottom line -  By assessing  the ethnic breakdown of your staff member population, you can set disease management (DM) program priorities with greater confidence and accuracy.

Healthcare quality an issue

A few studies also show there’s an unfortunate relationship between ethnicity and quality of health care. Many times, minority employees receive inferior treatment and health education at the same facilities where others receive top-notch care.

This usually happens for innocent reasons. A common scenario -  a lack  of Spanish-speaking doctors in the network for your Latino employees. But the result is usually higher health care costs for you and, often,  greater reluctance among minority employees to seek needed treatments.

By profiling workers against the doctors in the network, you ultimately help workers get the care they need and the corporation to better control long-term costs.

Health Promotion Program Obstacles.

Nearly two-thirds of companies with wellness programs offer workers incentives â.” financial or otherwise â.” to participate.

But only one firm in five has seen major betterment in employees’ health status (and lower costs) within two years of launching the incentive. Here are three keys to getting good results â.” and a red flag for failure.

Cancer screenings pay off big

Most wellness programs feature health-risk assessments for things like high cholesterol and diabetes. But many overlook the need for early detection of cancer, which may affect any staff member, regardless of his or her age or general health.

In many cases, you can line up certain screenings, like skin cancer detection (the most common type of cancer and, in its early stages, the most easily treated) for free or at a nominal cost.

These resources are often available through community agencies or the American Cancer Society. More involved and expensive screenings â.” like mammograms â.” are well worth the cost.

A single case of cancer identified early generally saves thousands of dollars in medical claims and disability costs â.” not to mention trauma for the employee.

Smart employee health promotion incentives

HIPAA has tricky non-discrimination rules for offering staff a break on premiums or copays. You needn’t worry about HIPAA if you -

1. Structure the health promotion program as a cost-break for staff who embrace wellness. on the flip side, imposing surcharges for uncooperative staff can force you to jump through HIPAA hoops.

2. Make the incentive available to all staff. for  instance, when you offer a discount to non-smokers, an staff member who lately quit use of tobacco must also be eligible.

3. Allow workforce who fail to earn the incentive to have another shot at it next plan year.

Bottom line -  Make the financial incentive a reward, not a punishment. Do the incentives work? If they’re done right, yes.

Firms offering monetary rewards for wellness ordinarily save about $20 to $50 a month, according to some estimates.

Making wellness programs simple

Many firms require staff members to work with a personal “wellness Coach” to earn premium discounts or other incentives. Typically, the employee sets up appointments and reports to the wellness coach on a regular basis, either by phone or in person.

The good news -  the early results are often encouraging.

The bad news -  Once workers realize there’s ongoing effort involved, many lose interest. But many firms have found a simple alternative. Rather than having participants contact the wellness Coach, the wellness coach calls them.

In many cases, this minor wellness program tweak keep folks on the right track and cuts dropout rates.

Health Promotion begins upstairs

No matter how much money your organization spends on wellness, the odds of success depend largely on the example set by top management.

Example - When your CEO is a smoker, chances are few workforce will buy into a smoking cessation program.

Similarly, it’s hard to sell workforce on subsidized fitness center memberships when your organization culture is sedentary. for wellness to work, the top brass must practice what the firm preaches.

Medical Insurance Company Accountability.

Are your health care programs delivering on your providers’ promises?

Just as importantly, how can you hold vendors accountable if you’re not getting what you compensated for?

Here’s one proven way - Create a vendor scorecard. Scorecards alone won’t bring down your health care costs. But they’ll at least help be certain your company â.” and personnel â.” get everything you’re paying for.

The tool can help you measure plan performance with greater precision â.” and identify specific areas that need improvement. Best of all, any organization can adopt the technique to fit their needs. Here’s how it works.

1. Select specific rating areas

Benefit pros who’ve successfully adopted the scorecard system recommend grading providers on five to 10 measurable areas, like -

o  Claims processing. Are employees’ medical claims turned around in a timely fashion? Are you hearing complaints that the explanations of benefits (EOBs) are slow to arrive or hard to understand?

o  Disputed and resolved claims. Do worker questions and complaints about denied or still-pending claims get answered quickly and thoroughly? Just how often are you forced to go to bat for employees?

o  Accessibility. Are plan reps quick to answer phone calls? Do they attend regularly scheduled meetings?

o  Reports. Do you receive timely paid claim and utilization reports?

o  Open enrollment. Did you receive effective support preparing for and conducting open enrollment events?

o  Employee education. Do your workforce find the written and/or one-on-one services provided through the plan helpful in answering questions about managing specific chronic conditions (like diabetes or depression)? Do you receive support in educating your workforce to make healthful lifestyle choices, like use of tobacco cessation?

2. Pick a workable rating scale

There are two schools of thought when it comes to choosing  a rating method -  subjective or objective. Many benefit pros â.” in particular those from smaller firms â.” use a simple pass/fail or 1 to 5 score to rate their satisfaction.

Others develop more elaborate, statistic-based ratings. One method -  take the vendor’s guarantees (e.g., addressing disputed claims within 3-5 business days) and then measure by percentage how often these goals are met.

These rating data could be obtained through quarterly performance reports, staff member surveys, issue and complaint files and, for bigger plans, external audits.

3. Feedback causes improvement

It’s good practice to share your scorecard system with the vendor before meeting to review the results. Reason -  This lets you iron out any vendor questions about the review categories and scoring system.

Once that’s settled, you can meet to go over the numbers and prioritize the areas that need improvement. Many firms then add a new scorecard category â.” vendors’ followup.

Tobacco use Bans Get Mixed Review.

At the end of the day, is it worthwhile to ban tobacco use on the premises at your corporation?

It depends on the steps you take to support staff attempting to kick the habit, finds a recent study .  The Journal of Tobacco Policy and Research found that smokers do, in fact  take more sick days than their non-tobacco use peers.

And even if the smoker is in relatively good overall health (i.e., isn’t obese, doesn’t have chronic health conditions), he or she’s still likely to have higher health costs than a comparable non-smoker over the last three years.

Precisely how does a use of tobacco ban fit into the cost equation? When the smoker quits, health costs even out.

But when the individuals only refrains from use of tobacco on the job â.” but continues puffing away at home â.” the company sees little to no health care cost decrease.  The published study  found similar patterns for absenteeism.

Bottom line -  A workplace tobacco use ban in combo with a tobacco use cessation program gets results. A tobacco use ban alone normally doesn’t.

Health Promotion Programs - Smokers Beware.

In the last few years, there’s been a rising trend for public employers â.” not just private companies â.” to ban smoking. Here is what your coworkers are doing.

What’s New in Benefits and Compensation lately surveyed 374 of our readers from both the private and public sectors to determine their organization’s policy on allowing personnel to smoke on-site and hiring smokers in the first place. Here’s what we found -

o  11% have created a policy of hiring only non-smokers

o  17% allow workforce to smoke offsite, but ban it on all business property

o  39% restrict use of tobacco to designated areas outside the building

o  30 percent allow tobacco use anywhere outside the building, and

o   3% allow use of tobacco in break rooms or other indoor areas.

Public businesss get aggressive

While much of the publicity about no-hire policies for smokers centers on private companies, it’s actually public companys in certain states who have been the most assertive of late.

For example, Florida is one of the states at the forefront of the movement. Sarasota County recently became  the third Florida county to take a no-hire stance in order to control healthcare costs.

New hires must take a drug test that detects nicotine and sign a pledge certifying that they haven’t smoked in the past 12 months.

The ban won’t affect current personnel, but the county has undertaken smoking cessation programs aimed at employees’ wallets.

Non-smokers pay less for coverage through various incentives and the county covers the cost of participating in use of tobacco cessation programs.

The reason why Florida public corporations have the ability to take these steps -  the state supreme Supreme Court has ruled that refusing to hire smokers doesn’t break discrimination laws.

But your state laws may vary, so proceed with caution before considering similar policies.

Health Promotion Programs - Quitters Do Win.

Quitting tobacco use at any age can improve a person’s health.  And believe it or not, older personnel often fair better with tobacco use cessation than younger workers.

As reported by the Journal of American Medicine, Duke University reseearchers tracked 573 older patients over 10 years. They found that just 16 percent of those who joined the smoking cessation program later returned to smoking.

Previous research has found young smokers who try to quit have a 35 percent to 45 percent relapse rate within two years.

Given that staff nationwide are retiring later and the cost of retiree health care is sky high, you might want to keep attempting with tobacco use cessation programs, even for the oldest staff on your health plan.