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Wyoming - Compensation & Benefit Legislation

WYOMING - AASHOWME

Demonstrates www.BenefitsReview.com™ site. Illustrates insurance carriers' coverages within the State.

 

WYOMING - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

 

Mandatory coverage of birth of adopted children is included in state's newborn health care mandate.

 

Preventive care for children: No.

 

(Wyoming Stat. Sections 26-20-101, 26-22-401)

 

WYOMING - ALCOHOLISM & DRUG ABUSE

State reports no statutory requirements.

 

WYOMING - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: No. Follows FUTA.

 

WYOMING - CONTINUATION OF COVERAGE CONVERSIONS

State reports no statutory requirements.

 

WYOMING - COORDINATION OF BENEFITS

Requires use of the birthday rule if coordinating benefits. Based on 1986 National Association of Insurance Commissioner Rules model. (Wyoming Ins. Reg. Ch. X)

 

WYOMING - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

 

WYOMING - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

State has no statutory requirements.

 

WYOMING - GROUP HEALTH CODE ADDITIONS (MANDATED)

Adopted Children: Policies providing family coverage must cover adopted children as of the earlier of the date of petition for adoption filed or placement with the insured. (Wyoming Stat. Sections 26-20-101, 26-20-102.)

 

Coverage Conversion: Group policies must provide conversion rights to employees terminating for any reason and to spouses and dependents ineligible due to age, death of the insured, or dissolution of marriage. (Wyoming Stat. Sections 26-22-201, 26-22-202a.)

 

Dependents: Coverage for dependent children cannot be terminated while a person is incapable of employment due to mental retardation or physical handicap and chiefly dependent on the insured. (Wyoming Stat. Section 26-22-401.) Dependent children must be covered, even if they do not life with the insured employee. (Wyoming Stat. Section 26-15-135.)

 

Disclosure of Information: Health care insurers (including HMOs) must not refuse to compensate for covered services solely because such providers have communicated with one or more former, current, or prospective patients regarding the provisions, terms, or requirements of care. Also, HMOs must not prohibit or restrict disclosure to a patient of medically appropriate health care information including risks or alternatives to treatment and decisions or processes used to authorize or deny health care services. (H0054, 1997) (Wyoming Stat. Section 26-34-117.)

 

Long Term Care: Health care policies (including HMOs) which contain long term care provisions must provide insured individuals with coverage for one or more necessary or medically necessary services including diagnostic, preventive, therapeutic, rehabilitative, or maintenance or personal care. Long term care services must be provided for not less than 12 consecutive months and must be rendered in settings other than hospital acute care units. Long term care provisions must include coverage for cognitive impairment or the loss of functional capacity. (S46, 1997) (Wyoming Stat. Section 26-38-103.)

 

Newborns: Policies providing family coverage must provide benefits for newborns from the moment of birth for injury or sickness, including treatment of medically diagnosed congenital defects and birth abnormalities. (Wyoming Stat. Sections 26-20-101, 26-20-102.)

 

Pre-existing Conditions: Under pre-existing condition provisions, excluded coverage must only relate to conditions for which medical advice was received or recommended during the 6 months immediately preceding the effective date of coverage. Pre-existing condition provisions must not exclude coverage for a period beyond 12 months following an individual's effective date of coverage. Pregnancy must not be treated as a pre-existing condition. Also, genetic information, in the absence of a diagnosis of a related condition, must not be considered a pre-existing conation. (S46, 1997) (Wyoming Stat. Section 26-19-306.)

 

Policies for Small Employers: Carriers that provide health insurance to certain small employers must meet requirements relating to risk, premiums, and pre-existing conditions. A "small employer" means any person, firm, partnership, corporation, or association that is actively engaged in business and employed at least two, but not more than 25, eligible employees in the state during at least half the working days in the preceding calendar quarter. "Applicable employees" are those who work full time at least 30 hours per week, including sole proprietors, partners, and independent contractors. Excluded are employees who work on a part-time, temporary, seasonal, or substitute basis. (Wyoming Stat. Section 26-19-302.) Pre-existing conditions must not exclude coverage for an individual for a period beyond 12 months following an individual's effective date of coverage and must only relate to conditions for which medical advice was received or recommended during the 6 months immediately preceding the effective date of coverage. (Wyoming Stat. Section 26-19-306.)

 

WYOMING - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

WYOMING - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: Yes.

 

Percent of employees who must elect coverage (if employees pay part of premium): No statutory requirements.

 

Percent of employees who must be covered if employer pays all of premium: No statutory requirements.

 

Minimum number of employees in group plan: No statutory requirement.

 

Employer prohibited as beneficiary: Yes.

 

Grace period (days): 31.

 

Mandatory conversion: Yes.

 

Other provisions: None. (Wyoming Stat. Sections 26-17-103, 26-17-111, 26-17-118, 26-17-119)

 

WYOMING - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Thanksgiving. Other: Any day declared by Governor or President. If January 1, July 4, November 11, or December 25 falls on Sunday, following Monday is legal holiday. (Wyoming Stat. Sections 8-4-101 through 8-4-106)

 

WYOMING - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

 

WYOMING - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes.

Remedies and Penalties: Employee can bring civil cause of action for relief (within 6 months of offense) including reinstatement, exemplary damages not to exceed $1,000 and reasonable attorney fees.

 

Other Requirements: None reported. (Wyoming Stat. Section 1-11-401.)

 

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: Yes.

 

Remedies and Penalties: Provision does not create a civil cause of action for damages.

 

Other Requirements: Victim or witness will be assisted by law enforcement to obtain cooperation from the employer.

 

WYOMING - LEAVES OF ABSENCE

State has not statutory requirements.

 

See U.S. Federal Family and Medical Leave Act

 

WYOMING - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

 

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

 

WYOMING - MANDATED PROVIDERS

Dentists, and psychologists. Mandatory coverage for registered dietitians and any health care provider licensed under state law. (Wyoming Stat. Sections 26-13-109, 26-22-101, 26-22-104)

 

WYOMING - MENTAL HEALTH CARE

State reports no statutory requirements.

 

WYOMING - MINIMUM WAGE

Refer to the Federal minimum wage: $5.15 per hour (effective September 1, 1997).

 

Exemptions: Certain professionals, agriculture workers, domestics, outside sales, and apprentices. (Wyoming Stat. Sections, 27-4-201, 27-4-202)

 

See U.S. Minimum Wage

 

WYOMING - NEW HIRE REPORTING

Who is required to report: All employers.

 

Who must be reported: All employees and new hires.

 

Exempt from reporting: Employees under 18 yeas of age unless required by federal new-hire law.

 

Form(s) to file: State form, W-4 form, or mutually agreeable method.

 

Filing deadline: Within 20 days of hiring.

 

Employer information to be included: Name, address, and federal EIN.

 

Employee information to be included: Name, address, and SSN.

 

Penalty for failure to report: N/A

 

(Wyo. Stat. Ann. 27-1-115)

 

WYOMING - NEWBORN CARE MANDATE

Mandated coverage.

 

Preventive care for children: No. (Wyoming Stat. Sections 26-20-101, 26-22-401)

 

WYOMING - OVERTIME COMPENSATION REQUIREMENTS

State reports no statutory requirements.

 

WYOMING - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act

 

WYOMING - PRE-EXISTING CONDITIONS

For insurance plans offered to small employers, plan shall not exclude coverage for a period beyond 12 months following the individual's effective date of coverage due to a pre-existing condition. (Wyoming Stat. Section 26-19-301)

 

See U.S. Federal Health Insurance Portability & Accountability Act

 

WYOMING - PROTECTED CLASSIFICATIONS

Age:  Yes, between 40 and 70.

Race:  Yes.

Color:  Yes.

National Origin: Yes.

Ancestry: Yes.

Religion: Yes.

Sex:    Yes.

Pregnancy:  No specific law. State has expressed policy against discrimination.

Sexual Harassment: No specific law. State has expressed policy against discrimination.

 

(Wyoming Stat. Section 27-90-105.)

 

WYOMING - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

WYOMING - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

 

WYOMING - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Within 5 days.

 

Date due if employee resigns: Within 5 days.

 

Wages: Yes.

 

Vacation Pay: No.

 

Holiday: No.

 

Sick leave: No.

 

Severance: No.

 

(Wyoming Stat. Section 27-4-104)

 

WYOMING - UNEMPLOYMENT TAX

Employer Contributions:

 

 

Voluntary Contribution Provision: No.

 

(Wyoming Stat. Sections 27-3-502, 27-3-503, 27-3-510.)

 

WYOMING - VACATION PAY

State reports no statutory requirements.

 

WYOMING - VOTING TIME OFF

1 hour, other than meal break, while the polls are open. (Wyoming Stat. Sections 22-2-111, 22-26-101, 22-26-109, 22-26-111, 22-26-116.)

 

WYOMING - WORKERS' COMPENSATION

Private Employers: Mandatory as to enumerated "extra hazardous" industries and occupations conducted for gain. Elective as to corporate officers.

Public Employers: Mandatory as to state, counties, and municipal corporations when engaged in "extra hazardous" work.

 

Exceptions: Casual employees, individual contractors, private household workers, federal employees, interstate trucking without a fixed base in Wyoming, sole proprietors and partners.

 

Special Coverage Provisions: Elective as to all non-required industries and occupations. Specific volunteers require coverage.

 

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)