05/02/2008
Paid sick leave proposal granted legislative hearing
The supporters of the so-called "Healthy Families Act" were granted a legislative hearing in the House State Government Committee recently. A witness from the coalition supporting the act offered testimony in support of legislative passage promising to take the issue to the November ballot if the legislature fails to pass it.
A witness from Ohioans to Protect Jobs, a coalition with which NFIB/Ohio is working to oppose the issue, offered testimony opposing the act. Attorney Fred Mills of the Vorys, Sater, Seymour & Pease Law Firm outlined a multitude of instances of poor drafting, ambiguous language and issues that will lead to lawsuit abuse and jobs leaving Ohio.
The Service Employees International Union (SEIU) is pushing the proposal to change Ohio's law to create a new employer mandate to provide seven paid sick days for full-time employees in companies with 25 or more employees. The proposal also extends the paid leave to part-time employees on a pro-rated basis and forbids employers from asking for a doctor's note until the employee has missed three consecutive days. The proposal is fraught with anti-business provisions that create legal liabilities and significant costs for employers in the state
If the Legislature does not pass the measure, the SEIU will likely collect an additional 120,000 signatures from registered voters to place the issue on the November ballot (similar to the 2006 minimum wage and smoking ban proposals).
While NFIB/Ohio is vigorously fighting this proposal, and will continue to do so if it makes the ballot, it is also important to educate and prepare employers for the potential of the measure passing in the fall. Upcoming Area Action Council meetings will feature a detailed legal analysis and presentation to attendees where lawyers will be on hand to answer questions on the topic.
These AAC meetings are scheduled throughout the month of May and will feature attorneys from the law firm of Bricker & Eckler to discuss the legal ramifications of the "Healthy Families Act." The attorneys will discuss the legal ramifications and answer questions. To register, please contact Andy Patterson, NFIB/Ohio Member Support Manager at 614-221-4107 or by email at andy.patterson@nfib.org. The cost to attend any breakfast is $10 per person and lunches are $15.
| Tuesday, May 6 Marietta AAC 7:30-9 a.m. Lafayette Hotel 101 Front St. Marietta, Ohio |
Wednesday, May 14 Western Ohio AAC 7:45-9:15 a.m. Romer's Catering 118 E Main St. Greenville, Ohio |
| Tuesday, May 6 Stark County AAC 12-1:30 p.m. Mulligan's Restaurant & Pub 4118 Belden Village St. NW Canton, Ohio |
Wednesday, May 14 Shelby County AAC 12-1:15 p.m. C J Highmarks 2599 Michigan St. Sidney, Ohio |
| Wednesday, May 7 Akron AAC 7:45-9:15 a.m. Waterloo Restaurant 423 E Waterloo Rd. Akron, Ohio |
Thursday, May 15 Columbus AAC 7:45-9:15 a.m. Made From Scratch 7500 Montgomery Dr. Plain City, Ohio |
| Wednesday, May 7 Youngstown AAC 12-1:15 p.m. Comfort Inn 5425 Clarkins Dr. Youngstown, Ohio |
Thursday, May 15 Ross and Pickaway AAC 12-1:15 p.m. Comfort Inn 24517 US 23 South Circleville, Ohio |
| Thursday, May 8 Lake/Geauga County AAC 7:45-9:15 a.m. Quail Hollow 11080 Concord Hambden Rd. Concord, Ohio |
Tuesday, May 20 Lima AAC 12-1:15 p.m. The Meeting Place 220 W Market St. Lima, Ohio |
| Thursday, May 8 Cleveland AAC 12-1:15 p.m. Holiday Inn Cleveland Airport 4181 W 150th St. Cleveland, Ohio |
Wednesday, May 21 Northwest AAC 7:45-9:15 a.m. Sauder Village 22799 State Route 2 Archbold, Ohio |
| Tuesday, May 13 Southwest Ohio AAC 7:45-9:15 a.m. Wingate Inn 7500 Tylers Place Blvd. West Chester, Ohio |
Wednesday, May 21 Toledo AAC 12-1:15 p.m. Holiday Inn French Quarter 10630 Fremont Pike Perrysburg, Ohio |
| Tuesday, May 13 Dayton AAC 12-1:15 p.m. Parmizzano's (Marriott) 1414 S Patterson Blvd. Dayton, Ohio |
Thursday, May 22 Erie and Huron AAC 7:45-9:15 a.m. Sheri's Coffee House 27 Whittlesey Ave. Norwalk, Ohio |
| Thursday, May 22 Richland County AAC 12-1:15 p.m. Pioneer Center 27 Ryan Rd. Shelby, Ohio |
Additional Health Insurance Mandates Loom for Small Business
While small employers continue to struggle to afford health insurance coverage, the Ohio General Assembly is again toying with the idea of passing additional health insurance mandates. This session mandate bills are taking many forms from the traditional benefit coverage bills to sweeping socialized healthcare bills. Of particular concern are the coverage mandate bills.
The 2006 passage of mental health parity legislation, which NFIB/Ohio strongly opposed, kicked open the door for additional mandate bills. Mandates are a serious problem for small business for three reasons:
- Cost: Actuarial studies have estimated a single mandate may cost 5 percent or more in premium dollars for a given employer. Using Ohio Department of Insurance figures, a 1 percent increase in health insurance premiums resulting from passage of a mandate will cost small business owners an additional $150 million annually. While the actual cost of mandates is a frequently debated point, the fact still remains that mandates cost small businesses money.
- Fairness: Large self-insured companies and federal and state government are exempt from having to provide additional mandated benefits. That leaves small business as the only group that is forced to provide these benefits.
- Flexibility: Legislators sitting in Columbus and Washington, D.C., have no idea what is best for small businesses and their employees. Business owners should have flexibility to design plans with their insurers that best fit the needs of their families and employees.
This session, NFIB/Ohio is fighting 12 different health insurance mandate bills. Some are listed below:
- Diabetes coverage mandate -- House Bills 98 and 137 -- Sponsored by Rep. Michelle Schneider (Madeira) and Rep. Joyce Beatty (Columbus) -- Senate Bill 99 -- Sponsored by Sen. Randy Gardner (Bowling Green). These bills would mandate insurance companies provide coverage for equipment, supplies and medication for the diagnosis, treatment and management of diabetes.
- Health insurance -- include autism -- House Bill 170 -- Sponsored by Rep. Ted Celeste (Grandview Heights) and Rep. Jon Peterson (Delaware). This bill would prohibit health insurers from excluding coverage for autism.
- Post-traumatic stress disorder-health insurance coverage mandate -- House Bill 294 -- Sponsored by Rep. Ted Celeste (Grandview Heights). This bill would prohibit health insurers from excluding coverage for posttraumatic stress disorder.
- Addiction/mental illness treatment -- House Bill 384 -- Sponsored by Rep. Ted Celeste (Grandview Heights) and Rep. Jon Peterson (Delaware). This bill would prohibit discrimination in healthcare policies, contracts, and agreements in the coverage provided for the diagnosis and treatment of mental illnesses and substance abuse or addiction conditions.
- Coverage for colorectal exams/tests for cancer -- Senate Bill 278 -- Introduced by Sen. Kevin Coughlin (Cuyahoga Falls). This bill would require certain healthcare policies, contracts, agreements, and plans, as well as the state's Medicaid program, to provide benefits for colorectal examinations and laboratory tests for cancer.
- Insurance coverage (post-traumatic stress) -- Senate Bill 297 -- Introduced by Sen. Dale Miller (Cleveland). This bill would prohibit health insurers from excluding coverage for posttraumatic stress disorder.
- Insurance coverage (mental illness) -- Senate Bill 298 -- Sponsored by Sen. Dale Miller (Cleveland). The bill mandates coverage for the diagnosis and treatment of mental illnesses and substance abuse or addiction conditions.
While NFIB/Ohio will continue to fight mandates, your help is needed in impressing upon legislators the real problem additional mandates cause. NFIB/Ohio urges you to contact your legislators and ask that they vote 'No' on any mandate bills that come to a vote. Look for further updates and calls to action as the session continues.
Maternity leave
A proposed rule by the Ohio Civil Rights Commission (OCRC) may be making an unwelcome comeback in the near future. In 2007 the OCRC voted to move forward with a proposed administrative rule that would require all companies in Ohio with four or more employees to provide 12 weeks of maternity leave. The proposal goes well beyond the federal Family Medical Leave Act which requires maternity leave to be offered by companies with 50 or more employees.
While NFIB/Ohio worked successfully to delay the proposal previously in the Joint Committee on Agency Rule Review (JCARR), a legislative panel charged with reviewing administrative rule proposals, based upon an incomplete fiscal impact study. The OCRC has been working since then to revise the rule with the hopes of again submitting it to JCARR for approval at a later date.
NFIB/Ohio will continue to fight this unfunded government mandate and work to educate legislators of the impact on taking key employees out of the workplace for extended times in a small company. Watch for issue updates and a possible call to action as this issue develops.
Legislature, governor agree on electricity overhaul
Gov. Ted Strickland, Speaker Jon Husted, and Senate President Bill Harris recently agreed to compromise legislation to address the way electricity is regulated and priced in Ohio. The far-reaching legislation not only changes the rate-setting mechanisms and marketplace litmus tests, the bill also puts Ohio on a path toward more reliance on advanced and renewable energy.
The Ohio House had done significant work in making alterations to the legislation passed by the Senate in 2007. At odds with the governor over how best to define a marketplace for pricing and how to protect against price shock as a result of the renewable/advanced energy requirement, ultimately the House, Senate and Gov. Strickland were able to find common ground in agreeing to passage of Senate Bill 221 (Sen. Schuler).
NFIB/Ohio worked to make sure the legislation didn't lead to dramatic price increases for small employers. Of particular concern was the reliance on renewable/advanced energy and the effects those emerging technologies would have on pricing.
Presidential candidate Sen. John McCain confirmed for 2008 NFIB Small-Business Summit! Register Today!
Republican candidate for president Sen. John McCain was recently confirmed as a speaker at the 2008 NFIB Small-Business Summit Sen. McCain's address is scheduled for Tuesday, June 10, at 9:30 a.m. Sens. Barack Obama and Hillary Clinton have also been invited but are not confirmed.
The Small Business Summit is the premiere small business gathering in Washington, D.C. In addition to Sen. McCain, attendees will hear from former White House Press Secretary and CNN Commentator Tony Snow, former Dallas Cowboys quarterback Roger Staubach, and political analysts Stu Rothenberg and Charlie Cook.
The deadline to receive the discounted hotel rate is May 9, so register now for your opportunity to interact with policymakers, business leaders and other leading entrepreneurs, share your experiences, and find new ideas to boost your business.
The registration fee for the Summit is $150 per person and includes all meeting materials, official functions and group meals, but due to the generosity of our Ohio sponsor, GatesMcDonald, the fee for Ohio members attending the Summit is waived.
Contact Andy Patterson at 614-221-4107 or by email at andy.patterson@nfib.org with any questions or to register.
Enter the NFIB YouTube Contest and win $5,000
Passionate about small business? So are we! As the leading small business association in America, we want your help in celebrating the reasons why small business is good for America. Answer the question "Why does small business work for America?" and you can win an all expenses-paid* trip to Washington, D.C., to join us June 8-11 at the 2008 National Small-Business Summit.
We're accepting your 30-second videos until May 15, 2008. Get the contest details and submit your video for NFIB's "Small Business Works for America" contest.
NFIB/Ohio staff:
Executive Director Roger Geiger
Legislative Director Ty Pine
Asst. Legislative Director Kyle Jackson
Member Support Manager Andy Patterson
Member Benefits Manager Chris Ferruso
Communications Director Mandy Minick
Executive Asst. Wanda Holycross
Administrative Asst. Connie Wehrkamp
