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Where is BWC's Group Retro Program Headed?

 

In our last few blogs and newsletters, we’ve been updating you on the changes we’re noticing in Ohio BWC’s Group Retro program.  Initially, there was the withholding of 2018 and 2019 refunds (six total payouts for participating employers). Then, we began noticing the overall degradation of retro refunds.  Most recently, we’ve noticed how BWC’s changes to their claim reserve calculations are having a tremendous impact on the performance of Group Retro pools.  For those of you who didn’t read our post about reserve calculations, here’s an abridged version: workers’ comp claims have a dollar amount reserved at the onset of a claim (yes, even if you do salary continuation) for additional funds that the insurer thinks it may end up costing.  BWC’s method of calculating reserves changed in January 2021 and Spooner’s tracking of these trends show reserves increasing as much as 1900% on some claims. Why does it matter? That pretend money is treated like real money when your experience is calculated for the next year, determining your premiums. That $5000 ankle sprain is now a $29,000 ankle sprain, and the insurer (BWC) will recoup their losses from you accordingly. 

We’ve been tracking the impact these reserves have on Group Retro, and it shows a vast majority of the pools underperforming.  Some competitors even show the possibility of an assessment, meaning that policyholders will actually owe money back to BWC instead of getting a refund.  The Group Retro program refunds part of premiums to groups when losses are lower than expected – but an assessment occurs when losses are higher than expected.  Most industry pools show at least one group in the red, but the service industry groups seem to be getting hit the hardest.  

You might assume that if your pool is projected to be assessed, that your TPA would have reached out to help your company prepare for this possibility.  The truth is, they’re not obligated to notify you in advance if they see it coming. The way Group Retro has been performing, it may not be a bad idea to check in with your TPA mid-policy year and ask where the group stands.  They are provided these estimates on a quarterly basis by BWC, but will typically not share that information unless they’re asked – as it often has a negative impact on their ability to retain customers for the coming policy year. Spooner doesn't always share the same concerns as other TPAs, as our clients have come to rely on our effective claims management as opposed to relying on us saving them money via programs alone. 

All of Spooner’s Group Retro pools are currently safe and still projecting refunds.  While we can’t predict the future, we feel confident about the performance of our pools based on our dedication to proactive claims management and our investment of safety services for Group Retro clients. If you’d like to know how your current Group Retro pool is performing (yes, even if you’re not a Spooner client!), please reach out to us at 440-249-5207.

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Update on Non-Compete Ban for 2025

Posted By Brandy King
December 16, 2024 Category: Non Compete, Employment Law, Non Solicitation Agreement, Ohio

FTC’s Non-Compete Ban Blocked, But Gray Area Remains In early 2023, the Federal Trade Commission (FTC) introduced and finalized a rule banning the use of non-competes. Employers, Chambers of Commerce and trade organizations rallied against the new rule claiming it was anti-employer, some going as far as calling it “blatantly awful.” As expected, the change was met with litigation and in August of 2024, the ban was  struck down by a federal judge in Texas who claimed the FTC overstepped its authority by issuing the rule. A non-compete (or non-competition agreement) is an agreement in which the employee agrees not to engage in conduct or activities that could increase competition for their employer. These types of arrangements are prevalent in finance, healthcare, design, tech and all types of sales or business development roles. They’re meant to protect things like trade secrets, privileged info and client retention. Non-competes aren’t the same as non-solicitation clauses. These agreements err more toward not calling on your former clients in your new role. Here’s an example of differentiating between the two. Non-Compete: “Upon leaving ABC Company, you may not engage in a similar role for another insurance company within a 50-mile radius.” Non-Solicitation: “Upon leaving ABC Company, you may not solicit (contact/call on) clients of ABC Company in your new role with another insurance company.” For now, bo

Benefits Recap: Reminders for 2024 & Changes for 2025

Posted By Brandy King
December 16, 2024 Category: Contribution Limits, Employee Benefits, Retirement Plans, HSA, FSA, ACA

ACA Updates & Reminders It’s almost time for ACA reporting! There aren’t any major changes this year, but here are some items to be aware of for the 2024 tax year. The employee distribution deadline for the 1095-C forms is March 3, 2025. Since the 2023 tax year, the IRS requires all employers with more than ten (10) forms to report electronically. Employers can complete this either directly through the IRS website or through a third-party provider. Corrected forms are also required to be submitted electronically. If you’re submitting 10 or fewer forms, you can still file on paper. The deadline for this is February 28, 2025. The deadline for e-filing 1095-C and 1094-C forms to the IRS is March 31, 2025. Keep in mind that there could be additional ACA state reporting requirements for your organization with differing deadlines. The states to pay special attention to are California, New Jersey, Massachusetts, Rhode Island, and the District of Columbia. Updated penalties and affordability percentages. The ACA penalizes Applicable Large Employers (ALEs) that don’t offer what’s considered affordable coverage to full-time employees (FTEs). The affordability percentage is the maximum amount of an employee’s pay that “Employee Only” coverage can cost the employee in order to be considered affordable by ACA. For 2024, that percentage is 8.39%. The affordability percentage will jump to 9.02% for 2025, and the associated fines will

Additional Drug-Free Program Savings for Spooner Clients

Posted By Brandy King
December 16, 2024 Category: Dfsp, Drug Testing, Drug Screens, Ohio Bwc, Sur Program, Substance Abuse Recovery

Ohio’s recreational marijuana sales have started!  Spooner clients who haven't had a recent review of their drug-free policy can take advantage of a no-cost, no-obligation policy review by First Connect Corporate Services.  Our clients who need an update or new policy development will have access to discounted pricing when they mention Spooner.  To take advantage of this offer, email your drug free policy to lisawade@firstconnectplus.com and identify your company as a Spooner client. Don’t forget, there is a reimbursement available to Ohio employers current on their workers’ compensation premium that will cover the costs of policy development or update, employee or supervisor training or Train the Trainer programs.  Some drug testing is even included. For most employers, the reimbursement means zero out of pocket when using First Connect as the provider. Since 2004, First Connect has been a leading provider of drug free program development and training services in the state of Ohio.  For more information, please visit their website at www.firstconnectplus.com or call 855.990.5500 and speak to Lisa

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