Senior living and care operators would “have more flexibility in providing notices and documentation to employees for required notices and disclosures for group health plans covered by ERISA and sponsored by the facility” under a rule proposed by the Department of Labor, according to attorney Jennifer Long

“Senior living facilities are one of several industries where a large portion of the employee population may not satisfy the first, simpler requirement of having sit-down positions with regular computer access at work,” Long told the McKnight’s Business Daily.

Special counsel at Duane Morris, she practices management-side employment law with an emphasis on practical and efficient resolution of workplace-related issues.

Long said the affected population often includes certified nursing assistants and positions in dietary, housekeeping, maintenance and other frontline areas. Under the 2002 rule, employers are required to obtain written consent before delivering health plan notifications electronically, she said.

“We know from experience that complying with ERISA and other employer regulatory requirements (such as FMLA) that this can be a significant administrative burden on an already burdened local front office operations staff,” Long said. “As a result, senior living operators currently are required to either deliver or ensure their group health plan vendor delivers a lot of paper notices to a mobile, shift-based employee base who do not have desks or mailboxes at work.”

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