Multistate Guide to Benefits Law : 2002 Edition

by Buckley, John

• ISBN13: 9780735521117
• ISBN10: 0735521115
• Format: Paperback
• Copyright: 2001-08-01
• Publisher: Wolters Kluwer

Summary

If you oversee benefits in more than one state, this is the comprehensive guide you need. For every kind of question, from looking up a single state's rule on health benefits for domestic partners, To comparisons of occupational safety enforcement, there's no more convenient, authoritative reference available. And, regular updates keep you in touch with fast-changing regulations across the board: Taxation of Benefits Health Benefits Disability and Leave benefits Life Insurance Workers compensation, and much more. From the fundamentals of state laws, To emerging trends in regulation, The Multistate Guide to Benefits Law is a reference that will more than pay for itself with each use.

Table of Contents

Current Issues in Benefits	xxiii
Patients' Rights Legislation	xxiii
Medical Information Privacy Regulations	xxv
Children's Health Insurance Programs	xxvii
Table I Part A Children's Health Insurance Programs: Eligibility Requirements	xxix
Table I Part B Children's Health Insurance Programs: Additional Services	xlii
Long-Term Care Benefits and State Insurance Requirements	li
Table II State Regulation of Long-Term Care Insurance	lii
Long-Term Disability Benefits	lxiii
Table III State Regulation of Long-Term Disability Insurance	lxiv
New IRS Rules for Benefit Elections Under Cafeteria Plans	lxxii
Proposed IRS Rule on Qualified Transportation Fringe Benefits	lxxii
Congress Proposes Bill Providing Teleworking Tax Credit	lxxiv
DOL Rule on Paid Leave for New Parents	lxxiv
Current Exceptions to Availability for Work Requirements Under State Unemployment Compensation Laws	lxxviii
Table IV Exceptions to Availability for Work Requirements Under State Unemployment Compensation Laws	lxxix
State Legislation Prohibiting ``Gag Rules`` in Health Insurer-Provider Contracts	lxxxvi
Domestic Partner Benefits	lxxxvii
Table V Municipal Domestic Partnership Ordinances and Laws	xciii
Independent Contractors: Are They Entitled to Benefits?	xcv
Determining Whether a Worker Is an Employee or an Independent Contractor	xcv
Health Benefits
State-Mandated Employee Benefits	1	(3)
Coverage Requirements for Group Health Insurance Plans	4	(104)
Federal Initiatives	4	(1)
Small Employers	5	(1)
Table Legend	5	(1)
Coverage Requirements for Insurance Plans Offered to Small Employers	6	(17)
Hawaii Prepaid Health Care Act	23	(1)
Other State Reforms	23	(1)
Alcohol and/or Drug Abuse Treatment	24	(1)
Table Legend	24	(1)
Mandatory Coverage for Alcohol and/or Drug Abuse Treatment	25	(6)
Mental Health Treatment	31	(1)
Maternity and Dependent Coverage	31	(1)
Specified Diseases or Medical Conditions	32	(1)
Specified Medical or Surgical Procedures	32	(1)
Coverage at Home or at a Specified Facility	32	(1)
Reimbursement of Specified Providers	32	(1)
Drugs and Prosthetic Devices	32	(1)
Antidiscrimination Provisions and State Regulation of Utilization Review	32	(1)
Table Legend	33	(1)
Mandatory Coverage for Mental Health Treatment	34	(6)
Mandatory Maternity and Dependent Coverage	40	(10)
Mandatory Coverage for Specified Diseases or Medical Conditions	50	(8)
Mandatory Coverage for Specified Medical or Surgical Procedures	58	(17)
Mandatory Coverage for Care at Home or at a Specified Facility	75	(4)
Mandatory Coverage for Specified Providers	79	(9)
Mandatory Coverage for Prescriptions, Prosthetic Devices, and Medical Supplies	88	(4)
Insurer Discrimination Prohibitions: Specified Conditions	92	(16)
State Regulation of Health Maintenance Organizations	108	(42)
Minimum Mandated Coverages	108	(1)
Administration of HMOs	109	(1)
Table Legend	109	(1)
Regulation of Services Provided by HMOs: Mandatory Coverages	110	(12)
Regulation of Services Provided by HMOs: Mandatory Coverages	122	(17)
Legislation Regulating the Administration of HMOs	139	(11)
State Regulation of Dental Insurance and Other Dental Coverage Plans	150
Table Legend	150	(1)
State Regulation of Dental Insurance and Other Dental Coverage Plans	151
Administrative Requirements for Health Insurance Plans
Health Benefits Continuation and Conversion	1	(34)
COBRA Provisions	1	(1)
COBRA Qualifying Events	2	(1)
Employer's Responsibilities Under COBRA	2	(1)
Table Legend	3	(1)
Continuation of Benefits Coverage	4	(18)
Triggering Conversion from Group to Individual Health Insurance Policy	22	(13)
State Administrative Requirements for Health Insurance	35
Table Legend	36	(1)
Grace Period for Premium Payments, Incontestability, Coverage Requirements	37	(10)
Coordination of Benefits	47
Disability and Leave Benefits
Disability Benefits	1	(14)
General Applicability of ERISA to Disability Coverage	2	(1)
Long-Term Disability Benefits	2	(1)
Short-Term Disability Benefits	3	(1)
Table Legend	4	(1)
Short-Term Disability Laws (Covered Employers and Employees)	5	(4)
Short-Term Disability Laws (Benefits, Contributions, and Other Requirements)	9	(6)
Family and Medical Leave Laws	15
Covered Employers	16	(1)
Eligible Employees	16	(2)
Covered Reasons for Taking FMLA Leave	18	(4)
Certification by a Health Care Provider	22	(2)
When Must Leave Begin for Birth or Adoption of a Child?	24	(1)
Length of FMLA Leave	24	(1)
Notice to Employer---Foreseeable Leave	24	(2)
Notice to Employer---Unforeseen Leave	26	(1)
Unpaid Nature of Leave	27	(3)
Continuation of Benefits	30	(1)
Reinstatement: In General	30	(2)
Particular Reinstatements Classified	32	(1)
Failure to Reinstate Due to Elimination of Position	32	(2)
Failure to Reinstate Due to Employee's Poor Job Performance	34	(2)
Failure to Reinstate Due to Excessive Leave or Absenteeism	36	(1)
Failure to Comply with Legitimate Employer Policy Requirements	37	(1)
Requirement that Employee Signify Intention to Return	38	(1)
Fraud by Employee	39	(1)
Increased Exposure to Liability	39	(1)
Retaliation and Constructive Discharge	39	(1)
Notice Posting and Recordkeeping Requirements Under the FMLA	40	(1)
Waiver of Rights	41	(1)
Required Recordkeeping Under the FMLA	42	(1)
Table Legend	42	(1)
State Family and Medical Leave: Eligibility and Coverage Laws	43	(9)
State Family and Medical Leave Laws: Administration of Leave	52	(11)
State Family and Medical Leave Laws: Required Notice, Denial, and Other Provisions	63
Retirement, Life Insurance, and Other Benefits
Overview of Federal Law and ERISA Preemption	1	(4)
Retirement and Pension Plans	1	(4)
ERISA Preemption and State Regulation	5	(1)
State Securities Regulations Applicable to Employee Stock Ownership Plans	6	(10)
Table Legend	6	(1)
State Securities Regulations Applicable to ESOPs	7	(9)
State Insurance Regulation Applicable to Group Life Insurance	16	(37)
Table Legend	17	(1)
Basic Requirements and Provisions for Group Life Insurance	18	(6)
Administrative Requirements of Group Life Insurance	24	(5)
Coverage Requirements for Group Life Insurance	29	(5)
State Continuation and Conversion Requirements for Group Life Insurance	34	(19)
Legal Expenses Insurance	53
Table Legend	53	(1)
Legal Expenses Insurance Provisions	54
Unemployment Compensation
Federal-State Collaboration in Administering and Funding Unemployment Compensation	1	(10)
Table Legend	2	(1)
Employers Subject to State Unemployment Compensation Laws	3	(8)
Unemployment Compensation Eligibility, Disqualifying Events, and Reestablishment of Eligibility	11	(46)
Eligibility for Unemployment Compensation	11	(1)
Disqualification Criteria	11	(1)
Reestablishment of Eligibility for Unemployment Compensation	11	(1)
Table Legend	12	(1)
Eligibility for State Unemployment Compensation	13	(8)
Eligibility for State Unemployment Compensation	21	(9)
Effect of Student Status on Eligibility for Unemployment Compensation	30	(4)
Events That Disqualify Individuals from Collecting Unemployment Compensation	34	(13)
Reestablishing Eligibility for Unemployment Insurance	47	(10)
Benefit Eligibility Criteria and Payouts	57	(16)
Table Legend	57	(2)
Criteria Used to Determine Benefit Eligibility	59	(7)
Unemployment Compensation Benefit Payouts	66	(7)
Employer Contributions and Recordkeeping Requirements	73
Table Legend	73	(1)
Table 5.09a Employer Contributions and Recordkeeping Requirements	74	(10)
Table 5.09b Employer Contributions and Recordkeeping Requirements	84
State Taxation of Benefits
Introduction	1	(1)
Taxable Benefits Under State Unemployment Insurance Laws	2	(43)
Taxable Benefits Under FUTA	2	(2)
Table Legend	4	(2)
Taxable Benefits Under State Unemployment Insurance Laws: Death, Pension, and Salary Continuation Benefits	6	(15)
Taxable Benefits Under State Unemployment Laws: Sick Pay, Vacation Pay, and Required Duty Pay	21	(5)
Taxable Benefits Under State Unemployment Insurance Laws: Cafeteria Plans, Moving Expenses, and Other Benefits	26	(19)
Benefits Subject to State Income Tax and Withholding	45	(10)
Table Legend	45	(1)
State Withholding on Death, Pension, and Salary Continuation Benefits	46	(9)
Sick Pay, Vacation Pay, and Jury Duty Pay	55	(5)
Table Legend	55	(1)
State Withholding on Sick Pay, Vacation Pay, and Jury Duty Pay	56	(4)
State Withholding on Cafeteria Plans, Moving Expenses, and Other Benefits	60
Table Legend	60	(1)
State Withholding on Cafeteria Plans, Moving Expenses, and Other Benefits	61
Overtime and Compensatory Time, Severance, and Holidays
The Fair Labor Standards Act and State Regulation of Employment	1	(2)
Overtime Compensation Requirements and Exemptions	3	(13)
Industry-Specific Overtime Requirements	3	(1)
Exclusion of Stock Options Under the FLSA	4	(1)
Table Legend	4	(1)
Table 7.01a Payment of Overtime Compensation by Employment Category	5	(7)
Table 7.01b Industry-Specific Overtime Requirements	12	(4)
Compensatory Time Off in Lieu of Overtime	16	(8)
Table Legend	17	(1)
State Statutes Regulating Compensatory Time Off in Lieu of Overtime	18	(6)
Meal and Rest Period Requirements	24	(14)
Table Legend	24	(1)
Meal and Rest Period Requirements	25	(13)
Severance and Other Benefits Due on Termination	38	(24)
Table Legend	39	(1)
Payments Due on Termination or Death of Employee	40	(22)
State Holidays	62
State Holidays	63
Employee Privacy and Benefits Administration
Overview: Expansion of Privacy Rights in the Workplace	1	(59)
Regulation of Workplace Testing	2	(5)
Genetic Testing	7	(2)
Employment Decisions Based on Off-Duty Conduct	9	(2)
Drug Testing Legislation	11	(14)
Drug Testing Legislation	25	(14)
AIDS Testing in the Workplace: Statutes and Policies	39	(11)
Summary of Laws Protecting Off-Duty Conduct	50	(10)
Policy Guidance for Workplace Privacy Issues	60
Drug Testing and Employee Assistance Benefits	60	(1)
What Should the Substance Abuse Policy Prohibit, and When and Where Should Its Provisions Apply?	61	(1)
How Should the Substance Abuse Policy Be Enforced?	62	(1)
What Discipline is Appropriate?	63	(1)
What Rehabilitation Should Be Provided?	63	(3)
What Potential Problems Are Posed by Employer Drug Testing?	66
Health and Safety Obligations
Occupational Safety and Health Act and State Analogues	1	(1)
Employee Benefits Under State Safety and Health Statutes	1	(1)
Federal Regulation	1	(1)
Relationship Between State and Federal Regulations	2	(1)
State Requirements and Penalties for Noncompliance	2	(1)
Table Legend	3	(2)
Employee Benefits Mandated by State Safety and Health Statutes	5	(9)
Part A State Occupational Safety Requirements	14	(10)
Part B State Occupational Safety Penalties	24
State Workers' Compensation Laws
Covered Employers and Exceptions to Employee Coverage	1	(1)
Disqualifying Events and Conduct	1	(1)
Workers' Compensation Insurance Requirements	2	(1)
Coverage of Minors	2	(1)
Compensation Required for Unlawfully Employed Minors	3	(1)
Required Medical Benefits and Providers	3	(1)
Covered Occupational Diseases or Illnesses	3	(2)
Part A Covered Employers and Exceptions to Employee Coverage	5	(15)
Part B Disqualifying Events or Conduct	20	(17)
Workers' Compensation Insurance Requirements	37	(13)
Coverage of Minors	50	(7)
Compensation Required for Unlawfully Employed Minors	57	(6)
Required Medical Benefits and Providers	63	(17)
Part A Diseases or Illnesses Covered by General Provisions	80	(15)
Part B Specifically Covered Diseases or Illnesses	95	(11)
Compensation for Occupational Hearing and Vision Loss	106	(1)
Compensation for Occupational Hearing and Vision Loss	107	(17)
Total Disability Benefits	124	(1)
Calculation of Benefits for Total Disability	125	(10)
Total Disability Benefit Caps and Reductions	135	(15)
Death Benefits and Burial Expenses	150	(1)
Death Benefits and Burial Expenses: Dependents Entitled to Benefits	151	(18)
Death Benefits and Burial Expenses: Benfit Amounts	169	(18)
Notice Requirements Imposed on Employees	187	(1)
Notice Requirements Imposed on Employees	188	(15)
Employer Recordkeeping and Reporting Requirements	203	(1)
Employer Recordkeeping and Recording Requirements	204	(11)
Subsequent Injury Funds	215	(1)
Subsequent Injury Funds	216
Index	1