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Alliance February Legal Update and News Report

  • By:
  • Carl Swan
  • |
  • Feb. 16th, 2015
Creatingsolutions providingconfidence

Please enjoy this February edition of the Alliance Legal Update and News Report focused on issues and solutions affecting our Senior Living Industry.

This month we go in depth on the topic of Cyber Liability with specific stories and coverage examples for anyone looking to learn more about this topic. Many of or senior living clients are concerned about this area of risk, but are not sure about the specific ways their data and information could be at risk. I have included an article on the Top 10 Reasons Why Healthcare Facilities Should Buy Cyber Insurance as well as some customary Cyber Coverage Limits along with some Estimated Premiums.

By way of example, in the News Section I have included a numbers of articles on Anthem, a major health insurer who recently suffered a major hack attack. Included are articles and information on how the Anthem Hacking Case Points to Security Vulnerability of The Health Care Industry, and how Anthem health insurance hackers are selling customers personal details for millions of dollars. Also included is an article on FAQs about the Anthem breach, credit freezes for minors and more.

In our Industry Experts section I have included an article on the key steps needed for a successful investigation as well as one asking the question Do E-Cigarettes Fit Into Your Smoking Policy?

Our first quarter travels have already taken us to all parts of the country where we find such great quality of care taking place. From Arkansas to Nevada, North Carolina to Texas, our team has already worked along side a number of you working hard to implement best practices into your organizations. Thank you all for the great work you and your teams do caring for seniors, and for allowing us to share a bit of that journey with you.

I trust that your 2015 is off to a great start and, as always, please feel free to reach out to me or my team for any help or support.

Alliance Risk Reports

Top 10 Reasons Why Healthcare Facilities Should Buy Cyber Insurance
Swett and Crawford
Why Buy Cyber Liability Insurance? Many folks across the country are trying to sell cyber Insurance policies to healthcare facilities. The question on many providers mind is...Why should I buy it? Count Down the top ten reasons why healthcare facilities should consider Cyber insurance coverage. It is really not just a matter of if anymore, but when.

Cyber Coverage Limits and Estimated Premiums
Alliance Insurance Group
If you are interested in potential coverage areas and limits as well as estimates premiums, look no further than this article.


Anthem, Major Health Insurer, Suffers Hack Attack
NBC News
The FBI has been investigating a potentially massive computer hacking attack on Anthem, Inc., one of the nation's largest health insurance companies, a federal official told NBC News. The company confirmed the attack.

Anthem Hacking Points to Security Vulnerability of Health Care Industry
NY Times
R. Abelson & M.Goldstein The cyber attack on Anthem, one of the nation’s largest health insurers, points to the vulnerability of health care companies, which security specialists say are behind other industries in protecting sensitive personal information.
Anthem health insurance hackers selling customers personal details for millions of dollars
World Tech Today
Just recently, hackers gained access to the computers of Anthem Inc. and walked away with over 80 million Social Security numbers. Bear in mind that Anthem is America’s second-biggest health insurer, so that should give an idea of the amount of information hackers stand to gain from this heist.
FAQs about the Anthem breach, credit freezes for minors and more.
In a word, the Anthem Blue Cross data breach is Breach-aggedon. The names, dates of birth, and Social Security numbers of up to 80 million people were in a database that was hacked by what appears to be a Chinese cyber-espionage ring.

Industry Experts Respond

Investigations : Don't Miss a Step
Periodically, there are circumstances in every senior living facility that require investigations. While most facilities have policies and procedures in place to address these types of circumstances, they can sometimes be inadequate if the investigator is not sure of which facts to collect and how to analyze and document. Read and pass along this very detailed article on the critical steps needed in any senior living investigation.

Do E-Cigarettes Fit Into Your Smoking Policy?
The use of electronic cigarettes, or e-cigarettes, has grown in popularity among smokers in recent years. So much so, that some residents in healthcare facilities, as well as staff and visitors can be seen using them. This phenomenon is fairly new, and many facilities have not taken the time to address it in their smoking policy.

Commercial Property & Casualty

6 Ways to Reduce Business Premises Liability
Property Casualty 360
When a customer enters any place of business, it is usually to consider the goods or services offered for sale. Suppose Susie enters Trudy's Exotic Emporium, a store offering many unique and some exotic products. Walking down an aisle she slips and falls, injuring herself. Is the owner of the business liable to her for the injuries she has sustained?

Avoid Letting An Employee Make Their Own Decisions
Amaxx Risk Solutions, Inc.
Michael B. Stack, CPA Most people will read that title and think it is the craziest thing they have ever seen. Employees make their own decisions all of the time, how can you take it away from them? After all, you hired these workers to complete a job. For the most part these are not robots—there has to be some aspect of decision-making almost every day.
The Mechanics of Coinsurance
Property Casualty 360
Coinsurance is an often misunderstood term and one that causes frequent dissatisfaction with insureds over claim settlements. Most losses are partial losses. It is rare that the entire building or amount of covered property is totally destroyed

Your HR Toolbox

Employees Not Getting the Workplace Flexibility They Want
Benefits Pro
Perhaps disconnects are what allow some businesses to pat themselves on the back for a job well done, just before they go under. The disconnects between human resources and their main constituents — C-Suite residents and the troops — has been well documented. Now, CareerArc sheds light on yet another big one between HR and the troops in the field.

Preparing for an Aging Workforce
Society for Human Resource Management (SHRM)
The Society for Human Resource Management (SHRM) released today a research report comparing the results of its Aging Workforce Survey and the SHRM Foundation’s Aging Workforce Effective Practice Guidelines Report.
Top 7 HR Predictions for 2015
Benefits Pro
Organizations that want to benefit from a robust economy need to sharpen their focus on developing talent in the year ahead.
HR Must Remember its Roots
Benefits Pro
It was the fast moving political, economic and social changes of the early to mid 20th century that spurred the development of the human resource profession in America. War brought the need to hire and train new workers. Workplace disputes created unions and the need to negotiate on behalf of management. And equal protection laws created the need for compliance expertise.

Employee Benefits

Who Maxes Out on Health Savings Accounts
Employee Benefit Research Institute
Who contributes the maximum amount to their health savings accounts (HSAs)? New research by the nonpartisan Employee Benefit Research Institute finds that about 15 percent of HSA owners contributed the maximum amount possible in 2013. Older accounts were more likely than those opened more recently to have received the maximum contribution.

Bring Mental Wellness to Benefits
The Rough Notes Company, Inc.
When an employee suffers a heart attack and needs to be rushed to the hospital, he’s concerned only with the medical crisis, then with subsequent treatment. Along the way, he taps whatever medical insurance he has through his employer to pay the bills—as he works on returning to productive work and home life.
Employer Contributions Key to Health Accounts
Employee Benefit Research Institute
A crucial factor in the amount of money in individual health accounts is whether the employer contributes to it—whether a little or a lot, according to new findings by the nonpartisan Employee Benefit Research Institute (EBRI).
Employers Applaud Employer Mandate Bill
Life Health Pro
Last week, the House approved a bill that would redefine a full work week for purposes of triggering a requirement of PPACA. When the law originally took effect, it defined the full work week for purposes of health coverage as 30 hours. It was among the most contentious elements of the law, and led to the creation of “More Time for Full Time,” an organization of organizations opposed to it.
Lavish ‘Cadillac’ Health Plans Dying Out as PPACA Tax Looms
Life Health Pro
Large employers are increasingly putting an end to their most generous health-care coverage as a tax on “Cadillac” insurance plans looms closer under the Patient Protection and Affordable Care Act (PPACA).
Consumer-Driven Health Plans Show More Patient Involvement in Their Health Care
Employee Benefit Research Institute
People enrolled in so-called “consumer-driven” health plans are more involved in their health care, according to a new report from the nonpartisan Employee Benefit Research Institute (EBRI).


Employee Participation in Wellness Programs and Flexible Work Arrangements on Rise
Society for Human Resource Management (SHRM)
Wellness programs and flexible work arrangements are two of the most popular employee benefits offered by organizations, according to the results of the Strategic Benefits survey released today by the Society for Human Resource Management (SHRM).

Employees Want Wellness Plans with Meaningful Incentives
Benefits Pro
Wellness programs have certainly captured the imaginations of benefits managers, with an ever increasing number of companies offering one type or another. Yet engagement studies show that, in most cases, management is more enthusiastically embracing wellness plans than are employees.
Half of Workers Aren’t Taking Vacations
Benefits Pro
Regular vacations are good for employees and good for the company, regardless of a worker’s job or salary. Despite this beneficial scenario, only about half of American workers take regular vacations.
Workers Battling the Post-Holiday Blues
Benefits Pro
Have things been moving a bit slower at the office since the end of the holiday break? Is it a little harder to get employees motivated in the early days of the new year? Don’t worry; you’re not the only one tackling the post-holiday blues.