Volume 28 
                               Issue 9
                               September 2018
                               www.pacounties.org
                                         
                                                                            

INSURANCE MATTERS

An e-newsletter of the County Commissioners
Association of Pennsylvania Insurance Programs
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"Be careful what you ask for." Is this oft mentioned phrase a warning? It seems to imply the thing you most want will bring you nothing but sorrow. Sounds like a song from "O Brother Where Art Thou?"

Or is this a gentle admonition to carefully consider what one thing you really want? That way when you receive it, you will not then be disappointed. Another movie comes to mind - Aladdin. You need to carefully watch your words when you make a wish from that genie!

We get a lot of hypothetical questions from our members about insurance and risk management. I'm often tempted to answer, "what is it you really want?" Often the answer being sought is "yes, that's covered." Many times the answer I give is more along the lines of "it depends."

The best examples of this are questions regarding what happens if an elected official or a department does something the commissioners, chief clerk or risk manager thinks is unique (or unusual). Recent examples are non-county employees driving county owned vehicles, sheriff deputies directing traffic and controlling a traffic light, Boy Scouts conducting a fundraiser for a county service dog, sobriety checkpoint participation and assorted personnel matters.

I normally ask if the county really wants to do what is being proposed. I know it can be hard to say "no we are not doing that", but assessing the risk is important. And then the question I often get next is "if we do this, well what will it do to our insurance costs?"

And that's the hardest thing to quantify. For many of these activities, there is no additional up-front cost to the county, but there could be if a claim results. Let's say one of the events results in a lawsuit and the courts rule against the county, and rules the activities of the employees are not within the scope of their duties - the claim could be expensive, and depending on the insurance or coverage wording, the claim might not be covered since the actions were not part of the employee's job duties. That could leave the county exposed to a large claim cost.

Everything the county does entails a certain level of risk. The good news is, most of what counties do has a low level of risk. It is those unusual or unique risks that can really be tough, hard to quantify, and a little scary. We all want counties to be able to provide great service to their residents, in a safe and professional manner, and to be protected from unforeseen problems and risks. That's something worth wishing for.

Make sure you contact us when you need help with something,
 
 
PComp $2.5 Million Dividend Declared - SIP Grants to Continue in 2019!

All PComp members once again received dividend checks - mailed in August - as the PComp Board of Directors declared a $2.5 million dividend for 2018! The board also approved continuing the Safety Improvement Program grants at a maximum of $20,000 per member for 2019.
 
This is the sixth year in a row for a dividend!

Year
Dividend
SIP Grants
2018
$2,500,000
$825,534
2017
$2,500,000
$635,683
2016
$2,500,000
$449,702
2015
$2,000,000
$404,992
2014
$1,600,000
2013
$1,372,670

Subtotal
$12,472,670
$2,315,911

That is a total of $14,788,581 returned to the members over the last six years! If PComp members would have been insured by a commercial workers' compensation carrier, this would have been profit, and no one would have received money back. Just another great benefit of belonging to a public entity risk pool!All PComp members received a dividend. Amounts ranged from $150 to $226,115. The average dividend was a little over $53,100. The dividend was authorized by the PComp Board at their June 2018 meeting, based on the strong financial position of the pool. The dividend distribution was approved by Labor & Industry's Bureau of Workers' Compensation, Division of Self Insurance.

Safety Improvement Program (SIP) Grants
The PComp Board continued funding for the PComp SIP grant program in 2019. The calculation process started in 2018 will continue - a member cannot receive more than 75 percent of their annual premium in grant funds - members with an annual PComp premium less than $20,000 can only receive grant amounts up to 75 percent of their premium.
 
Questions about the dividend calculations, SIP grants or anything about PComp, should be directed to John Sallade
at (800) 895-9039 x 3309.
Looking Into the Budget Crystal Ball

It's that time of year again (hurray!?!?). Many members ask for projections for insurance costs for the upcoming year, and here are my thoughts for 2019.
 
Health Alliance - our partners at the Delaware Valley Health Trust note that as we look ahead to 2019, health benefit costs will continue to increase at rates faster than the general inflation rate. The overall medical trend is projected at six to eight percent and pharmacy costs at ten to 12 percent.
 
These are national trend projections and your county's or insured group's actual premium increase is driven by a variety of factors in addition to the overall trend used by the health insurance underwriter. The factors include: group size and demographics, group-specific utilization, carrier-specific underwriting methodology, expenses as a percentage of premium, and other regional or market-specific factors.
 
CCAP UC Trust - the board meets in October to make a decision on rates. The members' experience has been good. I'd suggest you budget for a flat renewal, noting that your overall costs might go up if your payroll increases.
 
PCoRP - CCAP's largest public entity risk pool is seeing a higher than average cost of losses at this point, but since the renewal is June 1, 2019 there is a lot of time left. To be safe I would suggest budgeting a four percent increase, especially if you have had any large claims, any new buildings or large increases in payroll.
 
PComp - workers' compensation remains a very high claims generator, and our hope is to renew at year end with little or no increase in rates, but it is hard to tell until the actuary's report comes in. For now I would suggest a two percent increase to be safe, and check back with me in November to see what the board submitted to the state for a rate request for January 1, 2019.
 
PELICAN - nursing home liability claims cost continue to trend upwards, which means rates for 2018 might also go up. PELICAN's members renew March 1, 2019 and at this point I would suggest budgeting for a five percent increase.
 
COMCARE PRO - the members of this program have renewals throughout the year, and each member's rate is very much based on claims experience. Overall, claims experience has been very costly the last couple of years, and rates are being adjusted as needed. So if your county has had higher claims costs, budget for an increase.
 
In closing, here's a handy-dandy cheat sheet to explain each of our insurance programs:
 
COMCARE PRO - a Vermont based insurance company started by COMCARE to provide state required HealthChoices stop loss insurance for inpatient MH and DA care.
 
DVHT - Delaware Valley Health Trust, the pool sponsored by the CCAP Health Alliance for health insurance.
 
CCAP Health Alliance - health insurance and other employee benefit insurances.
 
PELICAN - a Vermont based insurance company started by PACAH and CCAP with a state grant, insures county owned, non-profit and select for-profit nursing homes for general and professional (malpractice) liability, in PA and in Maryland.
 
PCoRP - property, liability, auto, crime and cyber liability insurance pool.
 
PComp - workers' compensation insurance pool, regulated by PA.
 
UC Trust - unemployment compensation insurance.
Hot Topics
Election Risk Management Considerations

As counties get ready for the general election, we've received a few questions about coverage and risk management related to election sites. So here are some things to consider for this November.
 
What happens if an election worker or volunteer falls, or in some other manner hurts themselves while working at the polls?
These individuals are not county employees, and they would not be covered for workers' compensation. Some workers' compensation insurance companies insure volunteers (for an additional fee), many, including PComp, do not. So check your coverage. Additionally, CCAP has an endorsed Volunteers Insurance program which provides up to $25,000 of medical coverage for injured county volunteers.
 
If an election worker or volunteer is injured, what should the county tell them about where they can go to be seen for the injury?
Since they are not covered by your workers' compensation coverage the county cannot mandate that they go to one of the providers on your providers panel. You certainly should be ready to assist them and/or provide a recommendation - when in doubt the closest ER or Urgent Care. And you might want to have a copy of the county's provider panel at each polling place in case the injured person is looking for a recommendation.
 
Since injuries to these workers and volunteers do not fall under workers' compensation, what would it fall under and who is responsible?
The individual's health insurance is going to be the primary coverage for their injury. If the person feels the county is somehow responsible for their injury, they could sue the county, then it could become a liability claim covered by PCoRP or the insurer from which the county receives liability coverage. It could also be a claim against the owner of the polling place facility. Many counties take the position that they will, in cases like this, pay any deductible the person has, but the county does not admit liability.
 
Should we have an agreement with the polling place we are leasing or using?
Yes! Whether you are paying to use the space, or the owner has agreed to let the county use it for free, an agreement is essential, especially if someone gets hurt. It does not have to be a huge complicated document, but it should indemnify the county if someone is injured on or by the owner's property. There should also be an explanation of "who does what" regarding electric and space provided by the owner, parking, handicap access, signs, postings, etc. so everyone knows what they are responsible for. The county is going to have its employees present in this facility - even if it is only to deliver and set up the voting machines - and you want to make sure it is a safe place and the contract indemnifies the county in case one of your employees gets hurt by something relating to a defect in the property. And of course you also should be certain that the owner has liability insurance in place and in an adequate amount to cover costs to reimburse the county or an injured voter.
 
If a voter would fall at the polling place on Election Day who is responsible?
It depends on a number of things:
  • If the person alleges they were hurt because something the county did, they may sue the county. How this is handled will eventually depend on the language in your contract with the voting site. The injury could be a result of an unsafe condition at the polling place, which could place some or all of the liability on the owner. This is another reason to have a contract and to make sure the owner has insurance coverage.
  • If the county has agreed to indemnify the owner of the site, then the county's liability coverage (PCoRP, for example) would handle the claim. Report the potential claim to PCoRP or your insurance company.
  • Important! Regardless of what is in the contract (and the people on-site won't know what is in it anyway) treat anything like this as a potential claim against the county. Help the voter to get to medical care or call 911. Take pictures of where this happened. Document what happened and who witnessed it. Report it to PCoRP or your insurance company as soon as possible.
  • Let the owner of the polling place know what happened - they may need to report it to their insurance company. If the injury allegedly happened because of a defect in the property (for example a deteriorating sidewalk, or something fell off the building), the owner will need to repair it - certainly before the county uses the property again. So let the county elections staff know, and the county's chief clerk or risk manager - because if the county uses the site again, knowing there is a dangerous condition, this could result in additional liability to the county (and no one wants another person to be injured!).
 
If the election workers believe the county is responsible, how does the county election staff get the potential claim reported?
Each county has someone designated to report claims to PCoRP or their insurance carrier. This is usually the risk manager or chief clerk. PCoRP members should report the incident to PCoRP in the normal way through online claims reporting, through whoever is your claims contact.

If we are responsible, can we tell them who to see for the injury?
No - and it is probably best not to indicate you believe the county is responsible. Ultimately it is their choice where to go, but help them out as noted above.
 
For more information, contact Karen Cohen at CCAP.

Safe Driving During The Fall
By: Kelly Kyzer, Risk Control Specialist

It's as though we blinked and the summer of 2018 is coming to an end!

With the changing of the season comes a few added driving dangers. Children will be going back to school and those big yellow buses will begin to pop up everywhere. According to a study done by DPI on average 2,300 vehicles a day ignore the flashing lights and extended arms of those busses. If the danger to the children boarding and exiting those busses weren't enough to convince you to be aware of your surroundings, in Pennsylvania you could face a $250 fine, five points added to your license and a 60 day suspension of your license.

Soon the leaves will start to make their transition into their annual beautiful fall foliage, be cautious of motorists slowing down or pulling over to take in mother nature's work of art. Falling leaves brings other potential hazards, they can hide potholes or road markings and when you add rain or frost to the mix wet leaves can be just as slippery as ice.

As we hustle to finish the projects we set to complete this summer, wildlife is in full swing to prepare for the winter as well which will increase their presence on roadways.

Stay alert, be aware of your surroundings at all times so everyone can make it to their destination safely.

Fall Risk Management Workshops!
By: Linda Rosito, Risk Management Training Director

CCAP's insurance programs have some exceptional educational opportunities available starting this month! Topics include: defensive driving; health, safety and wellness; social media, phishing and other cyber issues; turning employee negativity into productivity and our always popular Excellent Supervisor Seminars and Prison Personnel Workshop.
 
By now you should have received your copy of the fall GLIMPSE training catalog. If you would like additional copies to distribute, please let me know.
 
As a reminder, most of the workshops are FREE to attend if your county is a member of the sponsoring Insurance Programs. Please refer to the GLIMPSE Online section the CCAP website for all the information on topic descriptions, dates, times, locations and membership!
 
CCAP's Insurance Programs continue to collaborate with the Academy for Excellence in County Government. Please refer to our website for additional information on co-sponsored events. These workshops are FREE to current Academy participants.
 
Here is a quick look at the upcoming fall workshop season. Mark your calendars!

September


As always, if you have any questions or would like additional copies of GLIMPSE, please feel free to contact Linda Rosito at (800) 895-9039 x 3328 or (717) 736-4728.
 
We look forward to seeing you this fall!
Prison Medical Management Workshop

We are excited for our 10th annual Medical Management Workshop. It is quickly approaching so please mark your calendar for Friday, September 28, 2018 from 8-4 in Harrisburg. Charles Mazzitti of Mazzitti & Sullivan EAP is a confirmed speaker for this workshop. The title of his presentation is "Having the Right Staff is Everything: How to Get Them; How to Keep Them". We also have confirmed Deborah Milito, Pharm. D from Diamond Pharmacy. Her topic is "The Clinical Pearls of Antimicrobial Stewardship". Dr. Paul Noel and Captain Miguel Castro will be presenting on "Gender Dysphoria and How to House the Transgendered Inmate". The last topic will be on Suicide Prevention - QPR gatekeeper training presented by Govan Martin of Prevent Suicide PA.
 
To register, click here!
 

Make A Household Emergency Plan

Counties have an emergency plan in place for employees, but you should also have one at home.
Outline the plan. Sit down with all the members of your household and discuss the plan. Start with the parts of the plan. Your emergency plan should include:
  • How emergency alerts and warnings are received,
  • A shelter plan
  • Evacuation route(s)
  • A household communication plan.
Have a plan in place for how to contact one another. Make sure when you set a meeting place that it is familiar and easy to find. In addition, have an out-of-area contact available to you if you need to leave the area.
Consider specifics. You must tailor your plan to specific daily needs and responsibilities of your household. What does your particular household need? Discuss and establish responsibilities for people in the household concerning communication, care of children, business, pets, and other specific needs, like the operation of durable medical equipment. Factors to keep in mind include medical needs, disabilities, assisting others, different ages of members in your household, and locations that are frequented.
Write it all down create your own plan.
Practice makes perfect. Don't wait for an emergency or unexpected disaster to happen. Practice your plan with your household now!
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September 6-7, 2018
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October 12, 2018
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Quote of the Month
 
 "All great sci-fi is: Be careful what you wish for."

-Damon Lindelof
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