california eap requirements

tit. The above-mentioned height and volume criteria are not applicable for the low-level outlets. DSOD encourages you to send letters to DSOD and Cal OES explaining why you cant meet the deadline, your progress so far, and when you plan to submit the inundation map and EAP. First, elements one and two appear to be presentthe employer has an insurable interest in the well-being of its employees and, because the employer has agreed to provide these services to the employee, the employer is at risk of loss. Id. Account Registration and Self-Assessment Completion Requirements (Rule Adopted by the Board of Trustees, Effective January 1, 2023) As authorized by California Rule of Court, rule 9.8.5, a licensee must comply with certain annual reporting requirements under the Client Trust Account Protection Program (CTAPP). Yes, our guidelines are summarized below: These guidelines are evaluated on a case-by-case basis, particularly for the very large reservoirs that are in excess of 100,000 acre-feet. What Happens If You Disagree With the Results of an Inspection? If you have any questions about inundation map requirements or the rulemaking process, please contact Kristen Martin at, Senate Bill 92 added Sections 6160 and 6161 to the Water Code that became effective on June 27, 2017, requiring owners of State regulated dams, except those classified as low hazard, to prepare EAPs containing inundation map(s) for emergency preparedness. Were here to help. For example, several states, including Alabama, Arizona, Colorado, Connecticut, Hawaii, Missouri, New Jersey, New Mexico, Oklahoma, Tennessee, and Virginia have adopted legislation similar to the Model Act, but their legislation is only applicable to dental services.10 Florida, Nevada, Idaho, Indiana, Iowa, Nebraska, and North Dakota, on the other hand, have enacted legislation that includes mental health and/or substance abuse services within the definition of limited health services.11 Accordingly, in these latter States, an EAP providing mental health and substance abuse counseling on a prepaid basis may be required to obtain a certificate of authority to operate as a PLHSO. Regardless of how the EAP services are structured, it is vital that EAP programs consult with legal counsel to ensure that they accurately identify and comply with the laws that apply to them. The cost of a map can vary significantly based on the available information and the complexity of the work involved. We will usually respond within one business day, but due to high email volume it may take longer. A collaborative effort between the State Board of Education (SBE), the California Department of Education (CDE), and the California State University (CSU), the EAP program measures a student's readiness for college-level English and mathematics during their junior year of high school, and helps . (2) The employer shall advise each employee of his/her responsibility under the plan at the following times: (A) Initially when the plan is developed, (B) Whenever the employee's responsibilities or designated actions under the plan change, and. -------------------------------------------------------------------. What should I do if I observe suspicious activity on or around a dam? In addition, submit a pdf and one hard copy of the technical study. Finally, because the EAP is distributing the loss among the larger group by accepting discounted PE/PM premiums, a regulator could reasonably conclude that elements four and five are met, which could result in the regulator determining that an EAP program is insurance.14 In contrast, when an EAPs services are limited to a fixed number, and the PE/PM fee is not steeply discounted to distribute the loss among a larger group, a reasonable argument can be made that the elements of an insurance contract are not present. 1671, 1677 (1995)). 1-866-EAP-4SOC (1-866-327-4762) TTY USERS SHOULD CALL: 1-800-424-6117 eap.calhr.ca.gov 2020 Magellan Health, Inc. We also recommend that you check out the following organizations and websites: California Society of Professional Engineers, California Board for Professional Engineers and Land Surveyors. The following sections outline these laws, including The Knox-Keene Health Care Service Plan Act, regulations, and issues. For questions on EAP requirements, please contact Cal OES at [email protected]. The EAPs are based upon inundation map(s) approved by the Department of Water Resources Division of Safety of Dams (DSOD) and outline actions to be undertaken during an emergency in order to minimize or eliminate the potential loss of life and property damage. This field is for validation purposes and should be left unchanged. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2017, No. 41; Neb. Depending on the type and level of health services provided, an EAP may be subject to different legal requirements. Id. Election Administration Plan The Voter's Choice Act requires Humboldt County to draft and publish an Election Administration Plan (EAP). EAPs that provide disease management services such as laboratory testing, counseling and prescription drugs for individuals with chronic conditions, such as diabetes, do provide significant benefits in the nature of medical care and therefore would fail to qualify as excepted benefits. A discussion of such federal rules is beyond the scope of this article, which is intended to focus on state insurance aspects of EAPs. Find out California's requirements to get your nursing license so you can become an RN in California. Georgia is offering a new bargain to some adults without health insurance beginning Saturday, July 1, 2023, go to work or school and the state will cover you. Cal OES is administering several grants that may be applicable; for more information please email, Federal Guidelines for Dam Safety: Emergency Action Planning for Dams, California State Warning Center Dam Incident Form, Emergency Operations Planning: Dam Incident Planning Guide, Analyzing the Dam Failure Hazard in the Hazard Mitigation Assistance (HMA) Program Benefit Cost Analysis (BCA), A Guide to Public Alerts and Warnings for Dam and Levee Emergencies, Office of Emergency Services (OES) / Emergency Manager for each impacted city and county. You must submit the inundation map for the main dam and separate map(s) for each critical appurtenant structure, if identified, and a supporting technical study. the regulations, DSOD will send an approval letter to the owner and again copy Cal OES. It requires group health plans maintained by employers with at least 20 employees to offer continuation coverage to covered employees, former employees, spouses, former spouses, and dependent children when the health coverage is lost due to certain "qualifying" events. Cal OES and DSOD hosted an Owner Education Workshop on January 30, 2018 to discuss new requirements for inundation maps and EAPs. W'IL F# ]R?p(s",9M@VdSNe 2$H'0yU%&vEl{w];:S6kwF)a\i!I{C/kXBTeg7KX%NG|o~*#GDfp6IVW5m Aj1 l$ 4#v5BN89oF_ The engineering properties of embankment and foundation soils are generally evaluated by sampling and laboratory testing, and in field testing such as in-place density, penetration resistance, and permeability testing. How can I arrange to review your files for a particular dam? For those employers with 10 or fewer employees the plan may be communicated orally to employees and the employer need not maintain a written plan. in June 2017, and requires owners of dams, to prepare inundation maps for their dam and critical appurtenant structures. um (jFK&_'Q+-cx`0&ofgEya[2aw] t?ZdRwKtx ~P=eaX |?p}Fq#G DSOD estimates that on average each inundation map costs about $25,000. This blog post will address when an EAP may be subject to COBRA, ERISA and the Affordable Care Act requirements, as well as the Mental Health Parity and Addiction Equity Act (MHPAEA) and state insurance laws such as Californias Knox-Keene Act. Moreover, if the EAP is providing any direct treatment or counseling services, the number of sessions with any client cannot exceed three within a six-month period unless the EAP is licensed.7 Licensed EAP plans in California may provide such direct services on an unlimited basis. You may email [email protected] call the general DSOD number (916) 565-7868. Already a Member? I just purchased a property having a jurisdictional-size dam. There are four categories of excepted benefits. 37). 17:48D-24; N.M. Stat. zs_"38D+H$M[' Thank you for your cooperation. Since many dam owners are currently in the process of preparing maps, DSOD is taking the following steps: If you have any questions about inundation map requirements or the rulemaking process, please contact Kristen Martin at [email protected] (916) 227-2170. Questions regarding DSOD's use of digital signatures may be directed to: Phone: (916) 565-7868 What Happens if the Inspector Finds a Violation? Id. The deadlines are for EAPs, but the EAPs are required to contain approved inundation maps. 2We do not address whether an EAP might be subject to federal and other non-insurance laws that are not discussed in this article, such as the Employee Retirement Income Security Act of 1974 (ERISA), the continuation coverage rules of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) or the American with Disabilities Act (ADA). Once you have your LEAP certification from the DOR, you can apply for LEAP class examinations. Code R. Ch. You may submit your EAP to DSOD via flash drive or CD. Critical appurtenant structures are defined in Section 335.2(a)(3) of the regulations. Find feature stories, program updates, videos, and more. Website: www.eap.calhr.ca.gov. Id. We contract for goods and services through our procurement process. XX The Cal OES EAP Review Tool will be used to determine how an EAP meets the statutory requirements for California Government Code Section 8589.5, California Water Code Sections 6160 and 6161 and the Federal Guidelines for Dam Safety: Emergency Action Planning for Dams (FEMA 64). The 10-year cycle is based on the map date of the main dam. In addition to the service variations, EAP pricing varies from program to program. What are the changes and when do they go into effect? Climate change can have a profound impact on Californias water resources. These portals remains unchang Pixel our web-based photo gallery features free downloadable images of Californias natural reso We provide an access point to DWR Public forms. Thus, an EAP that provides counseling services to participants who can also be referred out for further services would be subject to ERISA. The new rules were delayed for . Others may offer counseling services only. (b) Elements. Cal OES has developed four products to assist dam owners in developing Emergency Action Plans (EAPs). It is for educational purposes only. You should always contact the respective Area or Regional Engineer for a determination as to whether an application will be required for any work to be performed on a dam or its appurtenances. Your Employer's Employee Assistance Program Agreement ("Agreement") must be consulted to determine the exact terms and conditions of your coverage. If you are unsure whether you have a critical appurtenant structure at your dam, please contact your, Critical appurtenant structures are defined in, . (6) Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan. The toll-free telephone number is (866) EAP-4SOC/(866) 327-4762. CARB plans to implement a three-month open reporting season projected to run from October 1, 2023, to December 31, 2023. We operate and maintain the State Water Project and support sustainable groundwater management. Code Regs. Last week, the Academy of Motion Picture Arts and Sciences revealed a host of new theatrical release requirements for movies to qualify as best picture nominees for the 2025 Oscars. If you are unsure whether you have a critical appurtenant structure at your dam, please contact your Area Engineeror [email protected]. Code 27-13, ch. 2720 Gateway Oaks Drive, Suite 300 California is prone to periodic, and sometimes severe, floods. Resources Exemption Criteria EAP Exemption Form Obtain or Modify A License A plan or company whose EAP product is not eligible for an exemption pursuant to California Code of Regulations, title 28, section 1300.43.14, is required to submit a filing or application to the DMHC, respectively. Drought is a reoccurring feature of Californias climate. Who Isn't Covered by Workers' Compensation? What is required in an emergency action plan (EAP)? We provide resources for teachers and other Californians to learn about the complex world of water. Available maps are located on our Inundation Maps page. California Nursing License Requirements. California Voter's Choice Act VCA Resources This page contains educational and outreach materials in multiple languages, reports, and best practices documents relating to the California Voter's Choice Act. The second product is the Cal OES EAP Review Tool that is used to ensure each EAP has the required elements. When is the 10-year update due for the dam and critical appurtenant structure? The Division of Safety of Dams (DSOD) has been developing regulations for inundation maps. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The following article does NOT constitute legal advice and should not be used as such. We acquire temporary and permanent land rights to support our mission. that went into effect on November 29, 2018. Of Equalization, 842 P.2d 121, 127 (Cal. To serve in the California First Responder EAP network, you must have specific training on critical incident response (CIR) services . Use FEMAsFederal Guidelines for Dam Safety: Emergency Action Planning for Damsto assist and guide you in developing your EAPs. (citing Hewlett Packard Co. v. Barnes, 571 F.2d 502, 505 (1978)). C05Q_Ds%(w1-GSF[,\Nax Z2!v4Ye-Cv#ZTsB.{kaC'#RZ:~F)k*I2aPj;x|\.\w.5s["E \uCL_CQf:-'>f:P from its web site at, Subchapter 7. For each of these three categories, to qualify as excepted benefits, the coverage must be provided under a separate policy, certificate or contract of insurance. (3) The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. Fax: 402.827.3594. See DOL Advisory Opinion 91-26A (July 19, 1991). Yes, we have drawings for many dams, but not all. Sacramento, CA 95833. Phone: 402.827.3590 counselors) and substance abuse testing requirements.4 With the exception of a few states, including California and Nevada, EAPs have not been directly regulated by state insurance departments, and state insurance department guidance on EAPs is very limited.5. Id. You will need to complete an. DSOD reviews the map to make sure it complies with the regulations. Submittal requirements are described in, When DSOD receives an inundation map and technical study, we send the owner an acknowledgement letter and copy Cal OES. We do not operate the outlet controls themselves nor order their operation during routine inspections. Characterize the engineering properties of available earth and rock construction materials. Cal OES is ready and willing to assist you through the EAP development process. EAPs may be subject to COBRA if the EAP falls within the definition of group health plan. COBRA defines a group health plan as a plan that provides medical care (as defined in IRC 213(d)) to participants or beneficiaries directly or through insurance, reimbursement, or otherwise. The SWP provides extensive recreational activities at and around its reservoirs. Fire Department for each impacted city and county. According to the Bureau of Labor Statistics, in March 2016, 54% of civilian workers had access to employee assistance programs, or EAPs. Only 41% of workers had access to wellness programs. We support the sustainable management of Californias underground water reserves. Id. Do I ever have to update the inundation map? If you believe that your dams hazard classification should be different based on the hazard classifications defined in Section 335.4 of the regulations, please send a letter requesting a re-evaluation of the hazard classification, along with supporting documentation to: Please be aware that it could take DSOD up to 60 days to make a determination after receiving all necessary information, and that the existing classification will be in effect until any change in classification is made by DSOD. The emergency action plan shall be in writing, except as provided in the last sentence of subsection (e)(3) of this section, and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies. Eligibility Employees in participating agencies and departments who are appointed permanent full-time or part-time regardless of their bargaining unit designation are eligible for EAP services. We provide oversight to the design, construction, and maintenance of over 1,200 dams in California. All of the elements listed in the Review Tool must be met prior to EAP approval. Dam Owner Workshop (January 8, 2019)Thank you to everyone who joined us for the Dam Owner Workshop on inundation maps and Emergency Action Plans. For questions on EAP requirements, please contact Cal OES at [email protected]. 28, 1300.43.14. The cost of a map can vary significantly based on the available information and the complexity of the work involved.
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