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Mercantile Laws – II




                    Notes
                                     In April 2010, Schmitt switched Plans for Professionals, which he founded in 1971 because
                                     he needed a “real” job (his first football contract was for US $8,500 a year), to a self-funded
                                     plan. (Self-funding is when individual health claims are paid out-of-pocket instead of the
                                     monthly fixed premium to a health insurance carrier.)
                                     Schmitt chose health plan administrator MagnaCare, which he had heard of through his
                                     trade union clients. Today, he lauds the way MagnaCare’s self-funded plan has helped get
                                     the company’s claims under control without any decrease in benefits to employees. “We’ve
                                     seen a decrease in costs and better management of what we’re paying,” says Schmitt. He
                                     attributes that to understanding claims; MagnaCare staffers come in on a monthly basis to
                                     explain payouts and opportunities to save money.

                                     Despite  having  to pay  out  various  fees  (versus  one  insurance  premium)  for  plan
                                     administration, stop-loss insurance, and monthly claims, Schmitt says that since switching
                                     to the self-funded plan the company has seen annual health insurance savings between 15
                                     and 20 percent.

                                     “I’m happy. My people are very happy,” he says.
                                     Best of all: Schmitt’s grandson Charlie has been in remission for more than a year.
                                     Question
                                     Analyze and discuss the case.

                                   Source:  http://www.inc.com/articles/201106/case-study-paying-employee-health-claims-out-of-
                                   pocket.html

                                   5.5 Summary


                                      The Government of India through notification in the Official Gazette has amended the
                                       Employees’ State Insurance (Central) Rules, 1950. Accordingly, as per rule 50, the wage
                                       limit for coverage of an employee under Employees’ State Insurance Act has been enhanced
                                       from  10,000 to  15,000 with effect from 1st May 2010.
                                      ESI Corporation has taken a decision to set up one hospital in each State as Model Hospital.
                                      The Central  Government appoints  a  chairman,  a vice-chairman and other  members
                                       representing interests of employers, employees, state governments/union territories and
                                       medical profession.  Three members of the Parliament and  the Director General of the
                                       Corporation are its ex-officio members.
                                      Every factory or establishment to which this Act applies has to be registered within the
                                       specified time and the regulations made in this behalf.

                                      All the employees in factories or establishments to which this Act applies shall be insured
                                       in prescribed manner. Such insured persons shall pay contributions towards Insurance
                                       Fund through their employers who will also pay their own contribution.

                                      The ESI Act authorises Central  Government  to establish  Employees’ State Insurance
                                       Corporation for administration of the Employees’ State Insurance Scheme. Such Corporation
                                       shall be body corporate having perpetual succession and a common seal and shall sue and
                                       be sued by the said name.
                                      All contributions paid under  this Act  and all other moneys  received on behalf of  the
                                       Corporation shall be paid into a Fund called the Employees’ State Insurance Fund which
                                       shall be held and administered by the Corporation for the purposes of this Act






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