Lance's Corner

NYSDOL Issues October 2024 Newsletter

Nov 1, 2024

The New York State Department of Labor (NYSDOL) has issued its October 2024 newsletter, which can be read below.

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October 2024

New in November: Extreme Weather Guidance for Careers in the Outdoors

dfsafdaExtreme precipitation events and wildfire smoke are hazards that employers must consider when making plans to protect outdoor workers. As extreme precipitation events and wildfire smoke have become more common in New York State, the NYSDOL strongly encourages all businesses to follow these extreme weather safety tips to protect all workers:
  • Rest and Relief – This includes work/rest schedules and Personal Protective Equipment (PPE).
  • Training – Educate workers so they can identify signs and symptoms of weather-related illnesses and work safely during extreme weather events.
  • Planning and Preparedness – Build in time for workers to acclimate to extreme temperatures, write illness prevention plans, and outline emergency response procedures.
In addition to these core strategies, regardless of temperature or weather conditions, the Centers for Disease Control and Prevention (CDC) recommends that employers provide each outdoor employee 32 ounces of drinking water per hour.  Our top priority is to keep all workers safe and protected. Please visit our Extreme Weather Guidance page for more detailed information on how you can ensure the well-being of your employees.

October is National Disability Employment Awareness Month (NDEAM)

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In honor of National Disabilities Employment Awareness Month in New York State, the Office of People with Developmental Disabilities (OPWDD) is encouraging NYS employers to sign the Employability Pledge. Employers who take the pledge show their commitment to embracing a philosophy of inclusivity, their support for the employment of qualified people with disabilities, and their promise to create a work environment that meets the accessibility needs of their staff and customers.  Businesses who sign the pledge will appear on the Employability Honor Roll on the OPWDD website and will also receive a digital badge that they can post on their own website. Taking the pledge is a great way to demonstrate to your customers and community that your business is committed to diversity, equity, and inclusion in the workplace.  The employment rate among working age people with disabilities is less than half of what it is for people without disabilities. This month, let’s celebrate inclusivity and highlight the uniquely talented disabled individuals who deserve a chance to thrive in today’s workforce.  For more information about all the benefits of hiring people with disabilities, please visit OPWDD’s EmployAbility toolkit.

Consider Sponsoring a Registered Apprenticeship this Apprenticeship Month

Youth ApprenticeNovember is Apprenticeship Month, a month-long celebration of all the amazing Registered Apprenticeships available across New York State. With a network of over 900 apprenticeship programs and more than 17,000 registered apprentices, New York State remains a leader in providing workers with alternative pathways to new careers.
Employers who integrate apprenticeships into their workforce can cultivate talent in-house through structured training plans that ensure apprentices become skilled employees tailored to a company’s specific needs. Some of the advantages of starting an apprenticeship program include:
  • Reduced turnover costs: Apprenticeships lead to higher employee retention, minimizing the expenses associated with turnover and retraining.
  • Enhanced productivity and profitability: Companies report improved productivity and profitability as apprentices contribute to a more skilled workforce
  • Lower liability costs: Comprehensive training can help mitigate risks and reduce liability costs.
  • Tax incentives: The Empire State Apprenticeship Tax Credit (ESATC) provides financial incentives for hiring qualified apprentices, with additional credits for employing disadvantaged youth and those involved in mentoring programs.
New registered apprenticeships are added every day across a broad spectrum of programs as more businesses realize the benefits of sponsoring their own programs.  If you would like to learn more about how your business can sponsor a registered apprenticeship program, please visit https://dol.ny.gov/apprenticeship/overview. Also, keep an eye on NYSDOL bulletins and social media accounts in the month ahead for more updates about everything we will be doing in November to celebrate our Registered Apprenticeship Program.

Fill Your Seasonal Hiring Needs with Confidence through the Federal Bonding Program

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The Federal Bonding Program (FBP) is a one-of-a-kind tool that helps job seekers who face one or more barriers to employment, including justice involvement, by offering protection to businesses that may be cautious about hiring employees with these kinds of backgrounds.  These bonds insure – or protect – businesses against losses resulting from employee dishonesty. This gives businesses more confidence in hiring, and it gives justice-involved job seekers a better chance at getting a fresh start.  The FBP can also provide fidelity coverage for an employee that a business would like to promote into a new position, or to an employee to prevent a lay-off.  An employer who wishes to initiate services of the FBP may do so by contacting a Local Bonding Coordinator. There's no paperwork! Once an applicant's start date is set, the bond can be issued instantly.  For more information about the Federal Bonding Program, visit on.ny.gov/federalbonding.

ICYMI: New Information for Employers about Long Covid

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The New York State Insurance Fund (NYSIF) has released an educational pamphlet to assist employers in understanding Long Covid. Long Covid is a multifaceted syndrome that causes new, returning, or ongoing symptoms in people for weeks, months, or years after their initial Covid-19 infection, causing potentially significant limitations on a person’s day-to-day activities.  This new publication will help businesses understand the risks posed by Long Covid to the workforce, how to mitigate those risks, and how to support those affected. The report outlines the most commonly reported symptoms of Long Covid, the number of people affected, and the consequences for the labor force and the economy.  All employers are encouraged to communicate to employees that anyone with Covid-19 may go on to experience Long Covid, and that taking measures to protect themselves against Covid-19 can help avoid the potentially life-altering effects of Long Covid.  Also of note for employers, this pamphlet includes ideas for supporting workers who have or care for someone with Long Covid and explains the importance of filing a workers’ compensation claim when a worker contracts Covid-19 on the job.  Please read the educational pamphlet to learn more about the effects of  Long Covid and what that can mean for your business.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc