State Law Changes

July 1, 2010 Update

Unemployment Insurance Law

Alabama has amended its Unemployment Compensation Law as follows: The effective date of the 0.06% special assessment has been extended until September 30, 2011. Also, the 0.06% table of adjustments to an employer’s contribution rate now is in effect until September 30, 2011 (AL ¶1-1700).

Civil Rights Law

The state has amended its civil rights law with respect to disability discrimination. Definitions have been added, and the law now prohibits discrimination “on the basis of disability”. Prior law simply listed “disability” as a protected class. Title 41, Chapter 9, Sections 41-1404, 41-1405, 41-1461, 41-1463, and 41-1468, as added and amended by. 304 (S.B. 1232), L. 2010, effective July 29, 2010. ¶¶ 3-20,025.031, 3-20,025.032, 3-20,025.05, 3-20,025.07 and 3-20,025.111.

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Preemployment Inquiries Law

On July 6, 2010, the US Department of Justice filed suit challenging the legality of Arizona’s immigration enforcement law (S.1070) (United States of America v State of Arizona, DAriz, complaint filed July 6, 2010). The law gives police and state officials broad powers to enforce the state’s immigration laws, requires immigrants to carry valid documents proving their legal status, and makes it a misdemeanor to attempt to hire, pick up, or transport day laborers. S. 1070 violates the Supremacy Clause of the United States Constitution because it unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, said the DOJ, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” The DOJ has also requested a preliminary injunction to enjoin enforcement of the law, arguing that the law’s operation will cause irreparable harm. The DOJ filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the DOJ, the Department of Homeland Security, and the State Department, which share responsibilities in administering federal immigration law. The law is scheduled to take effect July 29, 2010.

Violence in the Workplace Law

Under a new Arizona law enacted on May 11, 2010, a person has no duty to retreat before threatening or using deadly physical force if the person is in a place where the person may legally be and is not engaged in an unlawful act (Ch. 327 (H. 2629), L. 2010, effective July 29, 2010, at AZ ¶3-3300).

COBRA Law

California has conformed its eligibility requirements under CAL-COBRA to reflect the repeated federal extensions of the eligibility period for the premium subsidy. This means that the period of new eligibility for premium assistance under CAL-COBRA currently extends to May 31, 2010. In addition, California has clarified that CAL-COBRA recipients may in certain circumstances pay the subsidized premium retroactively in order to maintain coverage. California has also conformed its treatment of certain otherwise eligible individuals who experienced an involuntary termination after a reduction in hours. To qualify, the involuntary termination must have taken place after March 2, 2010. California also requires health insurers to provide notice of additional opportunities to elect continuation coverage on the insurer’s website; a link to the Department of Labor’s COBRA page will satisfy this requirement (Ch. 24 (S. 838), L. 2009, enacted and effective June 3, 2010, at CA ¶5-4200).

Health Insurance Benefit Law

Colorado enacted a law requiring health care policies and contracts to cover an annual breast cancer screening with mammography for individuals possessing at least one risk factor, including a family history of breast cancer, being age 40 or older, or a genetic predisposition to breast cancer (Ch. 226 (H. 1252), L. 2010, effective January 1, 2011, at CO ¶6-4000).

The state has expanded its maternity coverage mandate to require group sickness and accident insurance policies and contracts to provide coverage for contraception in the same manner as they otherwise cover any other sickness, injury, disease or condition under the policy or contract (Ch. 297 (H. 1021), L. 2010, effective January 1, 2011, at CO ¶6-4000).

Colorado has also enacted a law concerning the off-label use of cancer drugs. Health benefit plans that provide prescription drug coverage may not limit or exclude coverage of a drug approved by the FDA for use in cancer treatment on the basis that it has not been FDA-approved for the specific type of cancer for which it is prescribed. The drug must be recognized for treatment of that cancer in the authoritative reference compendia (as identified by the HHS Secretary), and the treatment must be for a covered condition (Ch. 229 (H. 1355), L. 2010, effective August 11, 2010, at CO ¶6-4000).

The state has amended its law concerning wellness incentives offered under small group health plans. The law clarifies that incentives or rewards may be based on satisfaction of a standard related to a health factor, as permitted under the federal “Health Insurance Portability and Accountability Act of 1996” (HIPAA). It also allows employers to develop wellness and prevention programs for carriers to consider when determining what to offer under the plan (Ch. 283 (H. 1160), L. 2010, effective July 1, 2010, at CO ¶6-4000).

Workers’ Compensation Law

Colorado has amended its workers’ comp law with respect to communications between treating physicians and employers/insurers of injured workers (S. 11, L. 2010, at CO ¶6-4300).

The state has also added a requirement that an employer or the employer's insurance carrier provide a brochure to a workers' compensation claimant, in a form approved by the Director of the Division of Workers' Compensation, that lists the entities the claimant may contact for information and describes the claimant's rights related to his or her medical treatment, rights to receive benefit payments, and the claims process (H. 1038, L. 2010, at CO ¶6-4300).

In addition, the Provider Review and Disclosure Act will require performance programs to be transparent, include objective and standardized criteria that are applied consistently, and provide minimum due process to providers (S. 178, L. 2010, enacted May 26, 2010, at CO ¶6-4300).

Health Insurance Benefit Coverage Law

A new law in Connecticut will require group health insurance policies that provide coverage for intravenously administered and orally administered prescribed anticancer medications to cover the orally administered medications on a basis no less favorable than the intravenously administered medications. Compliance cannot be achieved by reclassifying the anticancer medications, or by increasing the coinsurance, copayments, deductibles or other out-of-pocket expenses applicable to such medications (P.A. 10-63 (S. 50), L. 2010, effective January 1, 2011, at CT ¶7-4000).

Jury Duty and Court Attendance Leave Law

Effective October 1, 2010, employers with three or more employees, including the state and any political subdivision of the state, will be required to allow an employee who is a victim of family violence to take paid or unpaid leave (1) to seek medical care or psychological or other counseling for physical or psychological injury or disability for the victim, (2) to obtain services from a victim services organization on behalf of the victim, (3) to relocate due to such family violence, or (4) to participate in any civil or criminal proceeding related to or resulting from such family violence (P.A. 10-144 (H. 5497), L. 2010, at CT ¶7-7100).

Violence in the Workplace Law

Effective October 1, 2010, an employer shall not deprive an employee of employment, penalize or threaten or otherwise coerce an employee with respect to employment, because the employee is a victim of family violence (P.A. 10-144 (H. 5497), L. 2010, at CT ¶7-3300).

Wage Payment Law

Bonuses awarded solely on a discretionary basis, in a discretionary amount, and not linked to the ascertainable efforts of a particular employee are not “wages” under Connecticut Gen Stat Sec. 31-71a(3), even when the bonus is required by agreement, ruled the Connecticut Supreme Court (Ziotas v The Reardon Law Firm, PC, officially released June 8, 2010, Rogers, C) (CT ¶7-1200).

Drug Testing Law

The state has enacted a law requiring the Department of Services for Children, Youth and Their Families to conduct drug testing of its employees (Ch. 270 (H. 190), L. 2009, enacted May 21, 2010, at DE ¶8-8600).

Disability Law

The Service Animal Amendment Act of 2010 provides that service animal trainers who are training an animal to be a service animal are subject to the same access and liability provisions as a person who is blind or deaf (Law No. 18-0146, L. 2009, enacted March 18, 2010, effective May 22, 2010, at DC ¶9-2600).

Health Insurance Benefit Coverage Law

The District of Columbia has enacted a new temporary measure on extended dependent coverage. The law continues provisions previously enacted in April on an emergency basis, which are set to expire on July 28, 2010 (Act 415 (B. 744), L. 2009, effective July 23, 2010 and expiring 225 days after taking effect, at DC ¶9-4000).

Garnishment Law

The state has enacted a law increasing the amount of wages of a head of a family which is exempt from garnishment to $750 (currently, $500). The law also provides a form that must be used for an agreement to waive the exemption from garnishment (Ch. 2010-97 (S. 492), L. 2010, effective October 1, 2010, at FL ¶10-5600).

Minimum Wage Law

The City of Miami Beach’s "living wage" will increase October 1. The Mayor and City Commission of Miami Beach at its June 9, 2010, meeting passed and adopted Ordinance No. 2010-3682, effective June 19, 2010, to amend the City's Living Wage Ordinance, Sections 2-407 through 2-410, indexing the living wage rate to the cost of living according to the CPI-U over a three-year phase-in approach. The first increase will take effect October 1, 2010, for fiscal year 2010-11, increasing the minimum wage rate to $10.16 per hour, with health benefits of at least $1.25 per hour provided, and to $11.41 per hour without benefits provided. Employees must be paid the applicable hourly Living Wage rate on at least a biweekly basis. The second phase of increases will take place on October 1, 2011, for fiscal year 2011-12, when the living wage will increase to $10.72 per hour with health benefits of at least $1.45 per hour and to $12.17 per hour without benefits. The third and final phase of the three-step increase will take effect on October 1, 2010, for fiscal year 2012-13, when the living wage will increase to $11.28 per hour with health benefits of at least $1.64 per hour and to $12.92 per hour without benefits. FL ¶10-1000.

Employment of Aliens–Public Employment Law

The Georgia Security and Immigration Compliance Act has been amended to clarify certain provisions and requirements relating to public employers’ verification of employee work eligibility. No contractor of a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all newly hired employees. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the verification requirements. Title 13, Chapter 10, Article 3, Sections 13-10-90 and 13-10-91, as amended by S.B 447, L. 2009, enacted May 20, 2010, effective July 1, 2010. ¶¶ 11-24,050.01 and 11-24,050.02.

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Health Insurance Benefit Coverage Law

Georgia has enacted a law intended to “preserve the freedom of citizens in [the] state to provide for their health care.” The law: (1) prohibits laws, rules and regulations that compel individuals, employers or health care providers to participate in any health care system; (2) allows for direct payment of lawful health care services (with penalty); and (3) provides that the purchase or sale of health care in private health care systems may not be prohibited by law, rule or regulation (Act 548 (S. 411), L. 2009, effective July 1, 2010, at GA ¶11-4000).

The state has also enacted a law allowing health insurers to offer wellness programs. Insurers issuing comprehensive, major medical group or individual health insurance benefit plans may offer wellness and health improvement programs, including voluntary programs that provide rewards or incentives to encourage and reward insureds for participation. Offering such rewards or incentives will not be considered an unfair trade practice if the program is filed with the Insurance Commissioner and made part of the health insurance master policy or certificate (Act 548 (S. 411), L. 2009, effective July 1, 2010, at GA ¶11-4000).

Violence in the Workplace Law

Georgia has clarified and changed provisions regarding the carrying and possession of weapons in the state. Also, language in the state’s statutes has generally been changed to refer to “weapons carry” licenses (S. 308, L. 2009, enacted June 4, 2010, at GA ¶11-3300).

Civil Rights Commission Law

Act 30 (S.B. 1183), L. 2009, effective July 15, 2009, required the Hawaii civil rights commission to adopt administrative rules to define certain terms to conform state law protections against disability discrimination in employment to recently amended federal law no later than December 31, 2010. However, the United States Equal Employment Opportunities Commission (EEOC), the agency authorized to promulgate federal regulations implementing the ADAAA, has not completed its rulemaking process and is unlikely to do so before July 2010; thus S.B. 2565, L. 2009, effective May 25, 2010, extended the deadline for the Hawaii civil rights commission to complete its rulemaking process to allow the commission to review and conform state law protections against disability discrimination to the final EEOC administrative regulation guidelines.

Also, in making a determination to approve or deny a request that a witness' identity or statement be kept confidential, the commission shall consider: (1) The relevance, materiality, and importance of the witness' statement; (2) The likelihood that the witness' statement could not be obtained without approval of a request that the witness' identity or statement be kept confidential; and (3) A reasonable and clearly definable fear by the witness that the witness or any other clearly identified person would suffer serious bodily or economic harm, retaliation, or termination of employment, if the witness' identity or statement were not kept confidential. Title 20, Chapter 368, Part I, Section 368-4, as amended by S.B. 2565, L. 2009, effective May 25, 2010. Para 12-20,026.04.

Health Insurance Benefit Coverage Law

In Hawaii, accident and health or sickness insurance policies providing coverage for health care, as well as HMOs, must cover colorectal cancer screenings by all A and B grade screening modalities, as recommended by the United States Preventive Services Task Force. Also, beginning March 1, 2011, all health insurance providers must inform insureds about the risk associated with undiagnosed colorectal cancer and encourage them to consult with their physicians about available screening options (Ch. 157 (S. 2599), L. 2009, effective January 1, 2011, at HI ¶12-4000).

A new jobs creation initiative, Hawaii Premium Plus (HPP), offers incentives to private sector companies and nonprofit organizations that hire residents who have been unemployed for six weeks or longer by subsidizing their health insurance premiums for up to one year (http://hawaii.gov/dhs/hpp, May 18, 2010, at HI ¶12-4000).

Minimum Wage Law

Reminder: The minimum wage in Illinois is $8.25 per hour effective as of July 1, 2010. The state minimum wage rate applies to employees ages 18 and over employed by an employer having four or more employees. Employees under the age of 18 may be paid a reduced rate of 50 cents less than the minimum hourly wage, which is $7.75 per hour. This increase is the final increase in a series of increases implemented by Public Act 94-1072 (S. 1268), L. 2006, effective July 1, 2007, which amended 820 ILCS 105/4. IL ¶14-1000.

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Violence in the Workplace Law

The state’s Personal and Family Protection Act has been amended to change references to “weapons” to “handguns.” Also, the Act is not to be construed to prevent any public or private employer from restricting or prohibiting by personnel policies persons licensed under the Act from carrying a concealed handgun while on the premises of the employer's business or while engaged in the duties of the person's employment by the employer, except that no employer may prohibit possession of a handgun in a private means of conveyance, even if parked on the employer's premises (S. 306, L. 2009, enacted May 17, 2010, effective from and after publication in the statute book).

Garnishment Law

State garnishment provisions are amended, with regard to civil procedures, deadlines and administrative fees. The law is amended to require that answers to garnishments be completed within 14 days following the date of service of an initial order of garnishment. A party or the court may request a written explanation of the garnishee's computations of earnings withheld during any pay period and to require that the explanation be submitted by affidavit to all parties and the court within 14 days after such request. With regard to fees, the law is amended to provide that, from income due the judgment debtor (including child support), the garnishee may withhold and retain to defray the garnishee’s costs, an administrative fee of $10 for each 30-day period for which income is withheld. The administrative fee is to be in addition to the amount required to be withheld under the order for garnishment. Other changes are also made. Sections 60-734, 60-737, are amended by S. 234, L. 2009, and Section 60-740 is amended by H. 2656, L. 2009, and by S. 234, L. 2009, effective July 1, 2010, at KS ¶17-5600.

Workers’ Compensation Law

Effective July 1, 2010, certain individuals in unpaid work based learning experiences with the Division of Rehabilitation Services in the State Department of Education will be covered employees for the purpose of coverage under the state workers' comp laws (Ch. 209 (S. 58), L. 2010, at MD ¶21-4300).

Health Insurance Benefit Coverage Law

The minimum package of child wellness services, required to be provided by group health insurance policies offering family coverage in Maryland, has been expanded to include: (1) all visits for obesity evaluation and treatment management; and (2) all visits for (and costs of) developmental screening, as recommended by the American Academy of Pediatrics. Visits where physical examinations, developmental assessments and parental anticipatory guidance must be covered, as well as services that may result in coverage of laboratory tests, were also expanded (Ch. 595 (S. 700), L. 2010 and Ch. 596 (H. 1017), L. 2010, effective October 1, 2010, at MD ¶21-4000).

Maryland has also enacted a law requiring group health insurers and HMOs that provide covered benefits for annual preventive care to cover such care if certain conditions are met (Ch. 535 (S. 313), L. 2010 and Ch. 536 (H. 878), L. 2010, effective October 1, 2010, at MD ¶21-4000).

Polygraph Testing Law

Maryland law generally prohibits an employer from requiring or demanding, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a lie detector or similar test. This law is amended to exempt from this prohibition individuals who apply for employment with the Washington Counter Emergency Communications Center. Section 3-702 is amended by Ch. 677 (H. 453), L. 2010, enacted May 20, 2010, and effective October 1, 2010, at MD ¶21-8800.

Child Support Enforcement Law

Effective August 1, 2010, employers may have to release more information than current law requires about employees, former employees and independent contractors upon request of public authorities responsible for collecting child support (Ch. 238 (S. 2562), L. 2009, enacted April 15, 2010, at MN ¶24-5500).

Health Insurance Benefit Coverage Law

Under Minnesota law, employers providing group health benefits may not change benefits, limit coverage, or otherwise restrict participation until the certificate holder or enrollee has been notified of such changes. A recent amendment clarifies that notices in a format that meets the requirements of the U.S. Department of Labor are satisfactory for this purpose (Ch. 384 (S. 2839), L. 2009, effective August 1, 2010, at MN ¶24-4000).

Health Insurance Benefit Coverage Law

Qualified health plans offered through a state exchange (created pursuant to the federal Patient Protection and Affordable Care Act) may not provide abortion coverage (Ch. 563 (S. 3214), L. 2010, enacted and effective May 24, 2010, at MS ¶25-4000).

Violence in the Workplace Law

The state’s stalking laws have been revised, effective July 1, 2010 (H. 1309, L. 2010, at MS ¶25-3300).

Minimum Wage Law

Reminder: Effective July 1, 2010, the minimum wage rate for employees of employers who provide qualified health insurance benefits is $7.25 per hour, and employers who do not provide qualified health insurance benefits must pay employees a minimum wage of $8.25 per hour. These rates apply to all employees in the state of Nevada unless otherwise exempt (Source: Office of the Nevada Labor Commissioner Posting, State of Nevada Minimum Wage 2010 Annual Bulletin, April 1, 2010). NV ¶29-1000.

Overtime Law

Reminder: Nevada law provides that employers must pay one and one-half times an employee's regular wage rate whenever an employee who is paid less than one and one-half times the applicable wage rate works more than 40 hours in any workweek or more than eight hours in a workday, unless otherwise exempt. Effective July 1, 2010, daily overtime may apply if an employee is paid less than $10.875 per hour and the employer offers qualifying health benefits or if an employee is paid less than $12.375 per hour and the employer does not offer qualifying health benefits (Source: Office of the Nevada Labor Commissioner Posting, State of Nevada Daily Overtime 2010 Annual Bulletin, April 1, 2010). NV ¶29-1100.

Health Insurance Benefit Coverage Law

New Hampshire has repealed provisions that required insurers to cover treatment of breast cancer by autologous bone marrow transplants (Ch. 61 (H. 1586), L. 2009, enacted and effective May 18, 2010, at NH ¶30-4000).

Wage Payment Law

Employers are prohibited from withholding or diverting any part of an employee’s wages unless (1) the employer or is required or empowered to do so by state or federal law, including payroll taxes, or (2) the employer has a written authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee as provided by regulations issued by the labor commissioner or for certain specified reasons, such as for union dues, health contributions, etc. Effective August 13, this law is amended to allow authorization for legal plans and identity theft plans without financial advantage to the employer when the employee has given his or her written authorization and deductions are duly recorded. Section 275:48 is amended by Ch. 133 (H. 1137), L. 2010, enacted June 14, 2010, and effective August 13, 2010, at NH ¶30-1200.

Fair Employment Practices Law

The over-70 exception in the New Jersey Law Against Discrimination (LAD) does not apply to an employer’s refusal to renew the contract of a dean because a contract non-renewal is equivalent to a discharge, the New Jersey Supreme Court ruled in a 6-1 decision (Nini v Mercer County Cmty Coll, June 1, 2010, Long, V., NJ ¶31-2500).

Health Insurance Benefit Coverage Law

A new law in North Carolina will require health benefit plans to provide coverage for one hearing aid per hearing-impaired ear, up to $2,500 per hearing aid every 36 months, for covered individuals under age 22. Coverage must include: (1) initial hearing aids and replacement hearing aids not more frequently than every 36 months; (2) a new hearing aid when alterations to the existing one cannot adequately meet the needs of the covered individual; and (3) services, including the initial hearing aid evaluation, fitting, adjustments, and supplies such as ear molds (Session Law 2010-2 (H. 589), L. 2009, effective January 1, 2011, at NC ¶34-4000).

Health Insurance Benefit Coverage Law

Oklahoma’s Senate and House have passed a joint resolution that proposes to amend the State Constitution to: (1) prohibit laws or rules compelling any individual, employer or health care provider to participate in any health care system; (2) allow individuals and employers to pay directly for lawful health care services (and prohibit penalties or fines related to such direct payment); and (3) permit the purchase and sale of health care insurance in private health care systems. The proposed constitutional amendment will appear on the ballot at the general election in November 2010 for approval or rejection by Oklahoma voters (Senate Joint Resolution 59, adopted May 26, 2010, at OK ¶37-4000).

Also, effective November 1, 2010, health benefit plans in Oklahoma will not be able to deny coverage, restrict or exclude an individual from a plan, nor deny claims based on an insured’s (or applicant’s) status as a victim of domestic violence. In addition, domestic abuse may not be considered a preexisting condition (Ch. 385 (S. 1251), L. 2009, effective November 1, 2010, at OK ¶37-4000).

Bureau of Labor, Rules of Administrative Procedure

The Commissioner of the Oregon Bureau of Labor and Industries (BOLI), has announced the filing of final administrative rules to implement restrictions on the use of credit history information by current or prospective employers, as enacted by the legislature in S.B. 1045. Senate Bill 1045 and the new rules prohibit employment discrimination by employers on the basis of information contained in a worker's credit history, beginning July 1, 2010. An exception exists for information that is "substantially job-related," which is explicitly defined in the administrative rules. Rules 839-005-60—839-005-085, effective July 1, 2010. ¶¶ 38-20,127.60—38-20,127.85.

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Also, BOLI has made permanent prior temporary subpoena rules. The rules change one word, “individual”, to “person” in conformance with the authorizing statutes. The rules also conform rules to statutory requirements for service of subpoenas on corporations. Rules 839-002-0030—839-002-050, effective May 5, 2010. ¶¶ 38-20,125.30—38-20,125.50.

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Military and Emergency Services Leave Law

The United States Armed Forces Members Protection Act is amended. This law provides for a pay differential for nonprobationary public employees whose net income in any active branch of the U.S. uniformed services, the U.S. Army Corps of Engineers, or the National Disaster Medical System, is less than the net salary earned in their civilian employment. Eligible employees are entitled to receive the difference between his or her net salary as public employee and the net income to be received during his or her active military service. This pay differential is extended to provide that National Guard members would also be entitled to receive the difference between their net salary as public employees and the net income that a member of the National Guard of the same rank would receive during state active service. This Act is also amended to add definitions; to amend provisions relating to survivor benefits; to add veterans’ preference provisions; to require posting of the Act in a conspicuous place in the workpace; and to add penalties for violations. Sections 714a and 714b (Sections 3 and 4 of Act 218, L. 2003, as renumbered) are amended and new provisions are added by Act 26 (P.S. 250), L. 2010, effective March 18, 2010, at PR ¶40-7200.

Health Insurance Benefit Coverage Law

South Carolina has updated its health insurance laws to reflect the federal requirements set forth in “Michelle’s Law.” The law requires health insurance issuers to continue dependent coverage for eligible individuals who are on a medically necessary leave of absence from college (Ch. 217 (S. 1224), L. 2009, enacted and effective June 7, 2010, at SC ¶42-4000).

The state has also amended its law regarding privacy of genetic information to incorporate federal requirements set forth in the “Genetic Information Nondiscrimination Act of 2008” (Ch. 217 (S. 1224), L. 2009, enacted and effective June 7, 2010, at SC ¶42-4000).

Preemployment Inquiries Law

The state has added a requirement that an individual hired to serve in any capacity in a public school district undergo a criminal record search by the South Carolina Law Enforcement Division. The district board must adopt a written policy on the criminal record searches, and provide training for appropriate district personnel on the criminal record searches. Each school district must perform a National Sex Offender Registry check on all district employees and on certain volunteers, and must provide training for appropriate district personnel on appropriate uses of the database. Each district board must also adopt a written policy on the sex offender registry check (H. 4248, L. 2009, enacted May 11, 2010, at SC ¶42-9000).

Health Insurance Benefit Coverage Law

Health care plans established in Tennessee through an exchange pursuant to federal health reform legislation may not offer coverage for abortion services (Ch. 879 (H. 2681), L. 2009, enacted and effective May 5, 2010, at TN ¶44-4000).

Preemployment Inquiries Law

The Comptroller of the Treasury is now authorized to obtain certain criminal history information for employment applicants (Ch. 971 (H. 3605), L. 2009, enacted May 26, 2010, at TN ¶44-9000).

Fair Employment Practices Law

Under Tennessee law, employers are authorized to institute a policy in the workplace requiring that all employees speak only in English at certain times when the employer has a legitimate business necessity for such a policy. Employers must provide notice to employees of the policy and of the consequences of violating the policy. Section 4-21-401, as amended by Ch. 1089 (H. 2685), L. 2010, effective June 23, 2010, at TN ¶44-2500.

Military and Emergency Services Leave Law

Tennessee employers are prohibited from terminating an employee because the employee, when acting as a volunteer rescue squad worker, is absent or late for work in order to respond to an emergency prior to the time the employee is to report to the employee’s place of employment. Employers will be able to charge the lost time against the employee’s regular pay. Employees are to make a reasonable effort to notify the employer that he or she may be late, and the employer has the right to require that the employee provide written verification from the rescue squad supervisor or acting supervisor that the employee responded to an emergency that lists the date and time of the emergency. Wrongfully terminated employees may bring a civil action against the employer, within one year of the claimed violation, seeing reinstatement to the employee’s former position, benefits and any seniority rights that apply, along with payment of back wages. Section 4-21-401, as amended by Ch. 1089 (H. 2685), L. 2010, effective June 23, 2010, at TN ¶44-7200.

Health Insurance Benefit Coverage Law

A new law in Vermont will require health insurance plans to provide children with coverage for the diagnosis and treatment of autism spectrum disorders, including applied behavior analysis supervised by a nationally board-certified behavior analyst. Coverage must be available beginning at 18 months of age, and continue until age six or entrance into first grade, whichever occurs first. Plans may not limit the number of visits an eligible individual may have with an autism services provider. They also may not impose greater coinsurance, copayments, deductibles or other cost-sharing for autism coverage than for other physical or mental health conditions under the plan (Ch. 127 (S. 262), L. 2009, effective July 1, 2011, at VT ¶47-4000).

Vermont has enacted a law requiring health insurance plans to cover hospital and ambulatory surgical center charges and administration of general anesthesia for dental procedures performed on a covered person who is: (1) age seven or younger and unable to receive needed dental treatment in an outpatient setting, where the provider certifies that, due to the patient’s age or condition, hospitalization and general anesthesia are required for complex dental procedures; (2) age 12 or younger with documented phobias or mental illness, whose dental needs are sufficiently complex and urgent that delaying treatment would result in infection, loss of teeth or increased oral or dental morbidity, and a successful result cannot be expected using local anesthesia; or (3) at serious risk due to exceptional medical circumstances or a developmental disability. Prior authorization may be required in the same manner applicable to these benefits in connection with other covered medical care (Ch. 128 (S. 88), L. 2009, effective October 1, 2010, at VT ¶47-4000).

Health insurance plans in Vermont also must cover at least one three-month supply per year of tobacco cessation medication, including over-the-counter medication, if prescribed for an insured by a licensed health care practitioner. Plans may require the individual to pay the applicable prescription drug copayment (Ch. 128 (S. 88), L. 2009, effective October 1, 2010, at VT ¶47-4000).

The state has repealed a provision stating that a health plan complies with the state’s mental health coverage mandate if at least one choice for treatment of mental health conditions has rates, terms and conditions that are no more financially burdensome on the insured than for access to treatment of other health conditions (Ch. 137 (H. 278), L. 2009, effective July 1, 2010, at VT ¶47-4000).

Unemployment Insurance Law

Effective July 1, 2010, employer penalties under the unemployment insurance law will increase. Also, penalties for misclassifying employees have been added (Act 142 (H. 647), L. 2009, enacted June 1, 2010, at VT ¶47-4300).

Fair Employment Practices Law

Effective July 1, 2010, an employer shall not retaliate or take any other negative action against an individual because the employer knows or suspects that the individual has filed a complaint with the Department of Labor or other authority, or reported a violation of the state’s workers’ comp law, or cooperated in an investigation of misclassification, discrimination, or other violation of the workers’ comp law (Act 142 (H. 647), L. 2009, enacted June 1, 2010, at VT ¶47-2500).

Minimum Wage Law

The Department of Labor shall create and maintain an online employee misclassification reporting system. The system shall be designed to allow individuals to report suspected cases of employee misclassification, failure to have appropriate insurance coverage, and claimant fraud to the department to ensure that this information is distributed to appropriate departments and agencies. The department shall keep the name of the complainant confidential (Act 142 (H. 647), L. 2009, enacted June 1, 2010, at VT ¶47-1000).

Wage Payment Law

Vermont has enacted a law authorizing the payment of wages by an employer by payroll/debit card in written agreement with the employee (Act 115 (S. 58), L. 2009, enacted and effective May 21, 2010, at VT ¶47-1200).

Workers’ Compensation Law

Effective July 1, 2010, employers will face increased penalties for workers’ compensation fraud, failure to insure the payment of workers’ comp coverage, and for false representation. An employer who fails to carry workers’ comp coverage may also be subject to a stop-work order (Act 142 (H. 647), L. 2009, enacted June 1, 2010, at VT ¶47-4300).

Health Insurance Benefit Coverage Law

Wisconsin has amended its law mandating coverage for autism spectrum disorder to include treatment provided by a licensed behavior analyst (Act 282 (S. 667), L. 2009, effective May 25, 2010, at WI ¶51-4000).