Biglaw, Health Care / Medicine

Leaked Memo: Which Biglaw Firm May Bar Some Attorneys From Insurance Coverage?

Today, we can add one more firm to the growing list of legal employers where workers feel they've been wronged by management in terms of their insurance coverage.

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BAKER DONELSON — JENNIFER P. KELLER — MEMORANDUM RE: HEALTH INSURANCE ELIGIBILITY – IMPORTANT

To ensure compliance with our benefit plan eligibility criteria, as well as Affordable Care Act regulations, the Firm is required to track hours worked for all who are not classified as “regular, full-­time employees.” This includes those individuals classified as “staff attorneys,” “part-­time attorneys,” “of counsel” and “senior counsel.” In accordance with ACA requirements, the Firm will be calculating hours worked during the “Measurement Period” that will run from November 1 through October 31 each year. Starting with the Plan Year beginning January 1, 2017, in order to remain eligible as an active employee for Firm health plan coverage, DTE records must show that you averaged 30 or more hours worked per week during the Measurement Period. It is important that all hours worked are accounted for in DTE.

Please note that unless you are already working with HR to roll off the Firm’s plan for 2016, you will be covered for the 2016 plan year, ending December 31, 2016. Effective November 1, 2015, you should make sure to track all hours worked in DTE, including non-­billable work time. Attached is a list of approved non-billable time that will count towards hours worked for benefit eligibility purposes. The annual hours worked threshold to maintain benefit coverage is a minimum of 1,560 hours each year. Thus, continued coverage beyond 12/31/16 will require the minimum number of hours be recorded 11/1/15 through 10/31/16 in accordance with the attached.

If you have any questions, please do not hesitate to contact me.

THE FOLLOWING WILL BE CONSIDERED HOURS WORKED AND WILL COUNT TOWARD THE 30 HOUR REQUIREMENT TO QUALIFY FOR HEALTH INSURANCE

·      Billable hours

·      Administrative time, limited to

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–   Reviewing & generating bills (9600000-000100)

–   Matter opening/closing (9600000-000100)

–   Necessary collection activities (9600000-000100)

–   Timekeeping related activities (9600000-000100)

–   Attendance at mandatory Firm trainings (9600000-000004)

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–   Attendance at Firm retreats (9600000-000285)

–   Attendance at attorney meetings (9600000-000100)

–   Completing staff and attorney evaluations (9600000-000078)

·      Practice Group activities (9600000-000114)

–   Attendance at regular PG meetings

–   Attendance at PG Retreats

–   PG projects as requested by PG leader

·      Recruiting (9600000-000002)

–   Participation in recruiting committee meetings

–   Interviews of candidates

·      Pro Bono (use individually assigned matter number)

–   Per Firm pro bono policy, up to 100 hours per year maximum

·      Bar Association work (9600000-000079)

–   Scheduled meetings

–   Travel and committee participation as approved by PGC

·      Marketing (9600000-000001)

–   Meetings with clients or prospective clients

–   Preparation of proposals or pricing for potential clients

·      Other activities as approved by the COO

* Other activities that could fall within each category but are not listed specifically will not count toward the minimum unless previously approved by the COO.  Please note that all entered time will be reviewed on an annual basis to ensure that proper calculations of time worked are made.

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