April 14th Webinar on the COVID-19 Pandemic and Legislative and Regulatory Changes

COVID-19 Pandemic and Legislative and Regulatory Changes: A Physician Practice’s Guide

April 14 | 2:00 PM – 3:00 PM EDT

The COVID-19 pandemic has triggered dramatic legislative and regulatory action and altered the way health care is being delivered. Combined, these effects of the pandemic have upended the status quo for health care providers across the country. As employers, health care providers are faced with unique challenges in this new landscape. As heavily regulated entities, providers need to navigate the rapidly changing landscape to ensure compliance.

The Parker Poe team is prepared to help health care providers, vendors, and other entities understand and adapt to their evolving obligations during this pandemic with the least amount of stress and uncertainty possible.

Webinar Topics

• CARES Act
  • Payment Protection Program
  • Employee Retention Tax Credit
  • Economic Impact Disaster Loans (Including Grant Advances)
  • Expansion of Accelerated and Advance Payment Program
  • Public Health and Social Services Emergency Fund
• The Families First Coronavirus Response Act Update
  • FMLA Expansion Leave
  • Emergency Paid Sick Leave
  • The “Health Care Provider” Exception
• DOL Guidance on Wage Payment and Leave Issues
• Business Interruption Insurance Policies
• Telemedicine Expansion
• North Carolina Medicaid Policy Changes

Our Panelists

Joy Hord
Partner
Parker Poe
Joy Hord represents clients in the health care industry, focusing on regulatory and compliance matters. She also has significant experience representing health care professionals and organizations with business law, contract and transactional matters, such as mergers, acquisitions, and joint ventures. Her clients include hospitals, physician groups, pharmacies, and other health care providers.

Tory Summey
Associate
Parker Poe
Tory Summey focuses on employment counseling and litigation for multi-state employers in various industries. He advises on issues related to the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), Title VII, state wage and hour laws, the Fair Credit Reporting Act (FCRA), and employee benefits issues.

Matt Wolfe
Partner
Parker Poe
Matt Wolfe guides clients through the evolving legal and regulatory environment to meet their business needs and the needs of those they serve. Clients have relied on him to navigate federal and state health reform, Medicaid and Medicare changes, and a broad variety of health law and policy. He works proactively with clients to ensure compliance and minimize violations. Matt provides counsel to health care clients who are growing, exiting or otherwise adapting to the increasingly complex health care industry.

Matt Johnson (Moderator)
NCMGMA Education Chair
Chief Administrative Officer
Wake Internal Medicine Consultants (WIMC)
Matt Johnson has been in health care since 1994 and spearheaded the joint venture between a physician-owned corporation and a not-for-profit hospital before joining WIMC in 2014. With an unwavering dedication to the betterment of each physician, manager, and staff member, Matt has created the Employee Activity Council, has organized multiple food and school drives and has implemented Loyalty Grades throughout the 170-employee practice.

Registration

This webinar is complimentary for NCMGMA members and for non-members. Space is limited so make sure to register early! After you register, you will receive an emailed confirmation with webinar and phone-in instructions.

• Click here to register

Continuing education credit may be granted through your professional organization (MGMA, PAHCOM, AHIMA, etc.). Please self-submit for these organizations.

Questions

For questions or more information please contact the NCMGMA offices at info@ncmgm.org.

 

HR|Experts Update: DOL Issues Final Overtime Rules: An Overview

2016 Alliance sponsor feature article by Medical Mutual

On May 18, 2016, the U.S. DOL issued their much anticipated final Section 541 Overtime Rules for exempt employees.

Below is a list of highlights of the final Section 541 Overtime Rules:

• The effective date of these changes is December 1, 2016. Employers are expected to be in compliance by that date.
• The primary position duty tests remain unchanged.
• The minimum salary threshold will increase from the present $455 weekly/$23,660 annually to $913 weekly/$47,476 annually.
• The new minimum rate above is based on a benchmark at the 40th percentile of salaries in the lowest paying census area in the U.S. (currently the South region).
• To ensure the minimum salaries remain at the 40th percentile there is an automatic increase mechanism provision built into the new rules providing for a review and potential adjustment every 3 years. The first of which will occur January 1, 2020.
• Up to 10% of the salary threshold may be covered by non-discretionary bonuses and commissions. Such bonuses must be paid out at least on a quarterly basis to qualify. Should the actual bonus amount fall short, and the base salary didn’t meet the entire $913/week requirement, a catch-up payment is allowed (required) to make up the difference and must be paid no later than the first pay period following the quarter in question. If a catch-up payment is not made, the employee is due overtime for any hours worked above 40 in any weeks during that quarter.
• For highly compensated employees (HCE) the minimum annual salary increased from the present $100,000 to $134,004 effective December 1, 2016. The HCE test combines this higher earnings level requirement with a relaxed duties test. To claim the HCE exemption under the Final Rule, employers must pay workers at least the standard weekly salary level of at least $913 per week on a salary or fee basis, while the remainder of the total annual compensation may include commissions, nondiscretionary bonuses, and other nondiscretionary compensation. Note, the HCE exemption is really only used when you have a highly paid employee who doesn’t meet all of the standard duties tests for executives, professionals or administrators.

While employers have approximately 5 months to prepare for the changes, the time to take action is now. First and foremost, conduct an internal audit to identify positions and employees potentially affected (i.e. any exempt employee making below $47,476 annually or HCE making below $134,000 a year). Also use this opportunity to look at positions that don’t meet the duties test regardless of salary level. Once you have those potentially affected employees identified, evaluate compensation options. Decide how you will bring those individuals into compliance. It will also be important to review your practice’s wage and hour policies and procedures. Finally, do not forget to develop an education and communication plan for managers and employees to clarify what, why, and when changes will be made.

For a copy of the HR|Experts Overtime Rule Planning & Implementation Tool and other related, sample communication templates and information regarding these new overtime regulations, please contact Breni Malpass, Medical Mutual’s HR|Experts consultant, at breni.malpass@callhrexperts.com or 919-431-6096.

Employment Law Update: It’s All About the Agencies

By Patti Bartis, Parker Poe Adams & Bernstein LLP

Patti Bartis will be one of our breakout session speakers at this year’s NCMGMA Annual Conference in Charleston (May 11-13th at the Marriott Charleston).  Patti will present “Employee Law / HR Updates” and her session will take place from 1:00 PM to 2:30 PM and from 3:00 PM to 4:30 PM on Thursday, May 12th.

DOL – New Overtime Rules Expected in 2016

In 2015, the Department of Labor’s Wage and Hour Division released its highly anticipated proposed changes to the Part 541 overtime and minimum wage exemption regulations.  Employers can expect to see the final rules issued in 2016.  These rules implement Section 13(a)(1) of the Fair Labor Standards Act, and cover Executive, Administrative and Professional employees.

The proposed rule would more than double the minimum salary requirement from the current $455 per week (or $23,660 per year), to about $970 per week, or $50,440 per year in order to claim the exemptions. In addition, the DOL proposes to index this amount, meaning that it will be adjusted annually. Employees paid less than the minimum salary will not be exempt from overtime and minimum wage obligations regardless of their job duties. In addition, the highly compensated employee salary level under Part 541 would rise from $100,000 to $122,148 and would be similarly indexed.

Although the rules are only proposed at this time, employers should review the salary levels of their current exempt employees. These proposals give employers advance warning about future labor budget adjustments based on the need to either increase salaries or pay overtime.

NLRB – In Your Business

Section 7 of the National Labor Relations Act (NLRA) gives both union and non-union employees the right to engage in protected concerted activities, such as discussing wages and other terms and conditions of employment. Employers can expect the National Labor Relations Board to continue its aggressive enforcement of these rights based on employment actions or policies that allegedly violate Section 7.  Employers should review their policies on confidentiality, social media, investigations, and other employee communications to ensure compliance with the NLRA.

EEOC – Pay Disclosure Requirements on the Horizon

On January 29, President Obama announced a new executive action, beginning in 2017, that will require employers with 100 or more employees to submit information to the EEOC about employee pay broken down by gender, race and ethnicity. The executive action amends the current EEO-1 form to add 12 pay bands to each general job category contained in the form.

The EEOC indicated that it will use this information to create compensation benchmarks based on industry and metropolitan area. The agency could initiate investigations and litigation based on disparities suspected from the pay information. These disclosure requirements should prompt employers to focus now on their internal pay practices and pay equity to identify and correct discovered problems.