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Legislative updates

Workers’ Comp Medicare set-aside clarification

On May 14, 2010, the Centers for Medicare & Medicaid Services released a memorandum clarifying the requirements to include Medicare Part D prescription drugs in Workers’ Compensation Medicare Set-Aside Arrangements. The memorandum clarified past guidance on prescriptions provided to Medicare beneficiaries for “off-label and/or unlabeled outpatient uses and whether these drugs are considered covered by Medicare Part D and, therefore, appropriately included in a Medicare Workers’ Compensation Set-aside Arrangement proposal,” the federal agency said.

For Part D drugs to be covered by Medicare, and thus included in a Workers Compensation set-aside, they should be prescribed for outpatient use as approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 301 et seq.), CMS’ memorandum states.

The ruling is significant and should reduce the Workers’ Comp MSAs. For a copy of the memorandum, click here.


IRS offers details on new small business health care tax credit

The notice provides detailed guidelines, illustrated by more than a dozen examples, to help small employers determine whether they qualify for the credit and estimate the amount of the credit.

More information


IRS releases guidance on tax-free employer-provided health coverage for children under age 27

The guidance confirms that an employer-sponsored health plan may provide coverage free from federal income tax to an employee's children up to age 27.

Additional information


DOT extends deadline on alcohol testing forms

The deadline for mandatory use of the Department of Transportation's updated alcohol testing form has been extended to Jan. 1, 2011, according to a notice of proposed rulemaking published May 11 by DOT's Office of Drug and Alcohol Policy and Compliance.

The notice states the final rule had set a compliance deadline of Aug. 1, but after revisions were published Feb. 25, officials learned vendors and users of the form would not be able to deplete their current supply by August.


DOL online tools help employers understand responsibilities

Disability nondiscrimination laws

The online Disability Nondiscrimination Law Advisor, part of a series of “e-laws advisors” developed by DOL, helps employers determine which federal disability nondiscrimination laws apply to their business or organization. The Advisor also assists recipients of federal financial assistance understand their responsibilities under these laws. After users answer a few questions, the Advisor generates a customized list of federal disability nondiscrimination laws that are likely to apply, along with easy-to-understand information about employers' responsibilities under each relevant law.

H-1B visa program

An online "advisor", describes the program's standards and provides detailed information about employers' and workers' rights and responsibilities. It outlines notification requirements, monetary issues, worksite issues, recordkeeping, worker protections and enforcement.