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[Guidance Overview]
"One point made clear in the updated information is that employers do not have a right to require a Health Care Provider Certification where the FMLA leave is taken to bond with a healthy newborn or a child placed for adoption or foster care. ... The Certification form ... still lacks the specificity necessary for employers to fully evaluate the requirement that the employee is 'incapable' of performing the requirements of his or her job."
von Briesen & Roper, s.c.
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[Guidance Overview]
"By organizing responses into a check-the-box format with less narrative, the revised forms will reduce guesswork from both the medical provider answering the questions and the employer interpreting the responses (and handwriting) of medical providers. This new format also improves clarity surrounding whether the employee has a serious health condition by breaking conditions into categories and, again, providing boxes to check."
Faegre Drinker
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[Guidance Overview]
CMS Approves Pennsylvania's State Relief and Empowerment Waiver
"Pennsylvania will run a state-based reinsurance program for plan years 2021 through 2025 to partially reimburse insurers for certain high-cost claims for consumers in the individual health insurance market. The reinsurance program reduces costs for everyone in the individual market and is projected to reduce premiums by approximately 4.6 percent in Pennsylvania in plan year 2021. This waiver will also reduce premiums for those affected by COVID-19 who lost coverage and are enrolling in individual market coverage or will enroll in coverage during open enrollment."
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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