RISC eNews Blast

March 14, 2013
RISC eNews Blast for March 16, 2012
     
 
       
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RISC eNews Blast
   
 
 
 

MARCH 14, 2013

 
 

The RISC eNews Blast is intended to provide relevant and timely news information from a number of sources to member pool staff.  If you see articles in the journals, email and sources you subscribe to that may be of interest to the RISC membership, please feel free to forward them to Erin Rian for inclusion in the eNews Blast.  The eNews Blast will be delivered weekly, and the RISC Report newsletter will be delivered every two months.

In this week's edition of the RISC eNews Blast:

DATA SECURITY & CYBER RISK

Facebook Changes Led Users to Reveal More (Global Post, 3/5/2013): A study byCarnegie Mellon researchers finds that changes in Facebook default privacy settings have led to users publicly sharing more personal information, sometimes unknowingly.

EMPLOYEE BENEFITS

No Quick Savings from Workplace Wellness for Employers: Study (Insurance Journal, 3/8/2013): According to a study by the University of Arizona, wellness programs may not reduce health care costs, as reduction in hospitalizations may be offset by increased costs for medication and outpatient visits.

New Guidance Defining "Son Or Daughter" Under The Family And Medical Leave Act (Mondaq, 3/4/2013): The U.S. Department of Labor has issued regulations clarifying eligibility for FMLA leave to care for an adult son or daughter. Under the clarified regulations, eligibility for FMLA leave is based on whether the child is a person with a disability under the Americans with Disabilities Act and is incapable of self care at the time the employee begins leave. The age of onset of disability is irrelevant.

Weekly Washington Healthcare Update: February 25, 2013 (Mondaq, 3/1/2013): Provides an update on recent activity relating to the Affordable Care Act, including information on state activities, regulations open for comment, and reports that are now available.

ENVIRONMENTAL

New York’s Fracking Health Study Results Likely Years Off (Insurance Journal, 3/11/2013): A key study that could affect the whether or not fracking is allowed in New York is probably years from completion.

Bill Would Change How Local Governments Regulate Drilling (State Impact, 3/8/2013): A new bill in the Texas legislature would add to Texas eminent domain law a provision that would consider any local government restrictions on drilling for oil and gas that have the effect of preventing or prohibiting development of an approved gas well as a taking under the law, requiring compensation. Actions enforcing a reasonable standard relating to visual aesthetics, noise abatement or hours of operation are excluded.

WORKERS’ COMPENSATION

10 Costly Return-to-Work Mistakes (Property Casualty 360, 3/5/2013): The mistakes discussed include:

  • Failing to appreciate who is covered by the Americans with Disabilities Act amendments of 2008

  • Requiring employees to be released to full duty before returning to work

  • Failing to consider underlying conditions which complicate recovery

  • Believing that settling a workers’ compensation claim resolves all issues

OTHER TOPICS OF INTEREST

New Specially Designated Nationals (SDN) Tool:  The Office of Foreign Assets Control has launched a new tool for searching the Specially Designated Nationals list. The new tool is not limited to returning only exact matches on searches, and will thus provide a broader set of results. This version was previously available as a beta tool and OFAC has received and considered comments in releasing this final version.

7 Proposed Features of Colorado's New Legal Marijuana Industry (Governing, 3/14/2013):  A task force appointed by Colorado Governor John Hickenlooper has issued recommendations for the regulatory system for Colorado's new recreational marijuana industry. Many of the provisions are similar to the existing regulatory structure for the medical marijuana industry, but some are new, including:

  • Limiting licenses in the first year to existing medical marijuana businesses

  • Limiting possession by people from outside Colorado to less than the one ounce permitted for Colorado residents, to curtail the possibility of Colorado becoming a hotbed for interstate distribution

  • Regulating the proper disposal of marijuana

  • Possible use of vending machines

  • Exploring possibilities for separating medical from medical marijuana businesses

  • No state production and sales

RMS Announces Another Update to North Atlantic Hurricane Model (Property Casualty 360, 3/11/2013): Risk Management Solutions will release in July Version 13 of its North American hurricane model. The new model will reflect that insurers have made changes in policy language and claims handling to reduce “leakage”, or payments for flood losses based on policies that do not cover the flood peril.

Conn. Lawmakers Create Fund for Newtown Workers (Insurance Journal, 3/8/2013): The Connecticut General Assembly has passed legislation creating a special charitable fund to help cover the cost of uncompensated leave and mental health costs for first responders, educators and other workers involved in the Sandy Hook shootings. The Sandy Hook teachers have all returned to work, but 11 people had applied for workers’ compensation and been denied. Private interests have pledged several hundred thousand dollars to the fund. A bill to cover mental health treatment costs for future trauma is still under consideration.

California Supreme Court Expands Fraud Exception To The Parol Evidence Rule, Eliminating Significant Barrier To Claims Of Promissory Fraud Against Insurers (Mondaq, 3/5/2013): The California Supreme Court has held that the parol evidence rule does not exclude evidence of promissory fraud, even if the alleged promise directly contradicts the terms of the written contact. Prior law prevented the use of parol evidence to contradict the terms of a written contract, while allowing it to establish an independent fact or representation related to the contract. Claimants will still have to show justifiable reliance, which the court noted will be difficult when the alleged promises contradict the terms of the written policy.

EMPLOYMENT OPPORTUNITIES

Below is a listing of job opportunities in governmental entity risk pools and/or risk management. To post a position contact Erin Rian.

  • Finance Manager, Rhode Island Interlocal Risk Management Trust (Open Until Filled)

UPCOMING EVENTS

  • Webinar: End-User Cyber Security Training Overview for NLC-RISC (Date and Time: Tuesday, March 19, 2013 2:00 pm, Eastern Standard Time - New York, GMT-05:00):  End user training has been recognized as one of the top ways in which an organization can prevent cyber security threats. NLC-RISC has arranged for a webinar to be presented by Kristin Judge, who will discuss how the SANS Securing the Human training program works to change user behavior. The SANS program is a series of short 3-5 minute video training tutorials that educates users on how to improve their cyber security posture. This presentation will illustrate how the SANS program can be customized to the needs of the organization, and explain how it can serve as the bedrock of a robust cyber security program. The SANS program will be available to local governments at a very significant discount in June-July 2013.  Join us on Tuesday, March 19th by accessing the webinar details, including registration, here.

  • NLC-RISC Marketing Communications Workshop (Denver, May 15-16, 2013):  In today’s economic climate, pools are frequently viewed as a price-based commodity making brand loyalty an often-elusive goal. However, brand loyalty is of paramount importance in our customer/member-driven economy. This day and a half workshop for pool staff will offer many tools you can use to refresh your marketing strategy, redesign your visual and written message, and reconnect at every touch point with your current and prospective members.  View the schedule and register for the workshop here

  • NLC-RISC Spring Trustees Conference (Denver, May 16-18, 2013):  The NLC-RISC Trustee Conference provides trustees and pool administrators of state municipal league pools the opportunity to learn about industry trends, programs, services and pooling best practices, as well as opportunities to network with peers from across the country. Online conference and hotel registrations, as well as as preliminary agenda are available here

 
     
 
     
 

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