Effective December 19, 2008, the final rules on complying with the Newborns’ and Mothers’ Health Protection Act of 1996 take effect.

The law provides protection on how long mothers and their newborn infants may stay in the hospital following childbirth. Group health plans and health issuers may not restrict benefits for a hospital stay following childbirth to less than 48 hours (96 hours following a cesarean section).

The issues clarified by the final regulations are:

1.) The attending provider determines that an admission is in connection with childbirth and when the hospital stay begins for purposes of applying the general rule. The provider will also determine when exceptions to the 48 or 96-hour rule will be made.
2.) ERISA-covered group health plans are required to comply with the ERISA notice regulations, whether insured or self-insured. Notice can be provided electronically in accordance with Labor regulations Section 2520.1-4b-.
3.) A state law exemption applies when a state law requires health insurance coverage in accordance with professional guidelines.

For additional information, go to the Department of Labor website:

http://www.dol.gov/ebsa/newsroom/fsnmhafs.html, or contact your insurance provider.

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It is a more profitable system to determine, in advance, what is your highest margined product/service and be sure that there is enough goal to ensure that the salesperson focuses the right amount of attention on that segment. An example would be:

Product A: 55% gross profit

Product B: 45% gross profit

Product C: 35% gross profit

If Product C is “easier” to sell and your salesperson only has to reach that dollar goal, they will naturally lean towards selling Product C. However, if they have to have a minimum dollar sales of Product A, they will be encouraged to sell more of this product in order to qualify for their commission.

Along with this, it is critical that retention be built in whenever possible. This could be accomplished by paying the salesperson a residual incentive for retaining clients they brought in. This could also be managed by profitability goals. This would show that the company’s net profitability for this salesperson’s portfolio is growing. It doesn’t benefit a company to have a “super” salesperson who doesn’t retain clients because sales are probably their major focus; and therefore the new sales only marginally cover lost business.

Net/net, the company loses money in this scenario because they are paying a salesperson when the net profitability doesn’t increase enough to even cover the commission. The average cost to replace an existing client with a new one is 3 times the cost of retaining one!

Finally, it’s okay and even advisable to have qualifiers in your plan. Your sales staff have to adhere to things like representing the company’s vision and mission. They have to be a team player, closing a sale generally involves working with others in the company. If you have someone that loves to go out and bring in the business but can’t work well with those that actually have to get the backshop part of the process done, the system breaks down. You may think of other qualifiers that will ensure that you have an all around star employee, internally and externally.

Commission sales can propel your company forward, hopefully this will help you hire the right sales people to ensure the overall success for them and for you.

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ERISA confers substantial law enforcement responsibilities on the Department of Labor. Part five of Title I of ERISA gives the Department authority to bring a civil action to correct violations of the law, provides investigative authority to determine whether any person has violated Title I, and imposes criminal penalties on any person who willfully violates any provision of Part 1 of Title I.

When voluntary compliance is not achieved, the Employee Benefits Security Administration (EBSA) may refer a case to Labor Department attorneys for litigation. EBSA has authority under ERISA Section 502(c)(2) to assess civil penalties for reporting violations.

A penalty of up to $1,000 per day may be assessed against plan administrators who fail or refuse to comply with annual reporting requirements. Section 502(i) gives the agency authority to assess civil penalties against parties in interest who engage in prohibited transactions with welfare and nonqualified pension plans. The penalty can range from five percent to 100 percent of the amount involved in a transaction.

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http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Facts that provide evidence of the degree of control and independence fall into three categories:

1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

After reviewing the three categories of evidence, if you are still unsure if a worker is an employee or an independent contractor, the business can file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status.

Be aware that it can take up to six months to get a determination, but a business that continually hires the same types of workers to perform particular services may want to consider filing the Form Form SS-8 (PDF).

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