Issuu on Google+

“A POWERHOUSE. ‘LONE SURVIVOR’ LACES ACTION WITH MORAL QUESTIONS THAT HAUNT AND PROVOKE.” Peter Travers, ROLLING STONE

“EXTRAORDINARY! A SINGULAR TRUE STORY OF INCREDIBLE COURAGE WHEN IT COUNTS THE MOST. BRILLIANTLY ACTED AND DIRECTED.

‘Lone Survivor’ is action-packed, unforgettable, tense and inspiring.” Pete Hammond, MOVIELINE

“THE MOST EXTRAORDINARY WAR FILM SINCE ‘SAVING PRIVATE RYAN.’” Bill Simmons, GRANTLAND

FOR YOUR CONSIDERATION

BEST PICTURE Produced by

PETER BERG SARAH AUBREY RANDALL EMMETT MARK WAHLBERG BASED ON TRUE ACTS OF COURAGE

© 2013 UNIVERSAL STUDIOS

universalpicturesawards.com


Weathering Change Under the New Healthcare Law

In the past few months, it has become clear that administration of the Affordable Care Act (ACA) and by Mark Goldstein, preparation for compliance are highly complex proPresident and CEO, cesses which are stirring up a great deal of confusion. Entertainment Partners Lack of adequate preparation is going to create challenges for all employers, and none more so than those of us in the production world. In co-employment relationships, such as those that exist within the entertainment industry, the ACA provides that the co-employer who directs and controls the worker’s day-to-day functions is the responsible employer. This means that the production company typically will be responsible for providing coverage under the ACA, and that has come as a surprise to much of the industry. All employers with at least 50 full-time employees and equivalents must offer affordable and adequate health coverage starting January 1, 2015, or pay a penalty tax. The IRS issued proposed regulations at the end of 2012 to implement this employer play-or-pay health coverage mandate. The mandate for individuals to obtain minimum essential health coverage, however, begins January 1, 2014. On October 1, the public health insurance exchanges opened for business and it was reported that thousands began signing up. Fulltime production employees not covered under union or employer health plans will be required to meet this requirement or face a penalty, and it is up to all of us to help get the word out to them. What does this all mean for producers and members of the producing team? How are the unique needs of such a highly transient workforce being addressed? Where does

42

Produced by

one begin to assess how they will be impacted by the requirements and what the best course of action should be? The industry has looked to my company for answers and solutions that will help mitigate their exposure. Fortunately, because of our role as a statutory employer of production workers, we are uniquely qualified to assist. For the better part of the past year, Joe Scudiero, our Senior Vice President and Chief Labor Counsel, and I have been analyzing how the ACA will affect our industry. We’ve been meeting with all of the studios and many major and commercial independent production entities and hosting seminars and webinars in order to discuss what we have learned. Among the top concerns we have heard from the industry are confusion over what is affordable and adequate coverage, determining eligibility, lack of consolidated reporting across productions and production payroll companies,

misunderstanding of government reporting obligations, and knowing where to find an insurance plan to meet the requirements. There will be instances in which a producer believes that it might be more cost-effective to pay the penalty rather than provide coverage but even this determination is complicated. For instance, though you would only be obligated to provide insurance for those full-time employees not covered under a union or employer health coverage plan, if you opted to pay the per-head penalty for not providing coverage, the penalty would be assessed on almost all workers on your production, including union members. A myriad of questions abound regarding what happens when a production worker is between shows and how COBRA eligibility will work; and while the studios have human resources and benefits professionals who are able to address these questions, we know that a majority of independent production entities will be on their own. Producing entities had their first ACA obligation begin on October 1 and this will be ongoing when hiring new workers. Pursuant to Department of Labor regulations issued in May 2013, employers must distribute a Notice of Exchange (NOE) to all current employees (including union, non-union, full-time, and part-time) stating whether or not they will offer compliant health coverage and informing their employ-

ees about government health insurance exchanges. While any new hires through 2014 must be provided the notice within 14 days of hire, beginning in 2015, the NOE must be provided on the date of hire. We do not recommend that you attempt to answer all of the ensuing questions on your own, but rather seek the assistance of a trusted and knowledgeable advisor. Though employer compliance is not required until 2015, we are working with a number of studios who are choosing to begin compliance in January 2014. We will be happy to share what we all learn from the experience. In the meanwhile, following are some essential details and sample scenarios to help you begin to comprehend the new laws. Though by no means a comprehensive set of guidelines, it is intended to assist you in planning your next steps toward compliance. There are a number of resources available to you — please do not hesitate to contact my team or your preferred service provider for more in-depth information and guidance or visit our online compliance center at www.entertainmentpartners.com/aca/. Though it may initially seem overwhelming, it is important to remember that all businesses are facing the challenge of wading through these new requirements and that we are all in this together.

The ACA Employer Mandate America’s new healthcare law is commanding everyone’s attention these days and has created an entirely new vocabulary for employers. One new term — “play or pay” — takes on a different meaning from what the industry is used to; here it is shorthand for the decisions employers must face in 2015. For employers in the entertainment industry, arriving at that decision is not a simple calculation. For example, the majority of your crew on a given union production is receiving coverage through their union or guild plans. Does your company opt to play by offering compliant coverage to the remaining full-time, non-union crew? Or do you simply pay the no-coverage penalty tax on this small segment of your workforce? While the latter may seem to be the easiest option, the decision is not as straightforward as it looks and will often not be the most cost-effective choice. Review the infographics on the folowing pages for a more comprehensive breakdown.

*The

Play or Pay?

Assessing the Impact As production companies begin to grapple with the employer responsibilities, properly assessing their workforce and estimating their play-or-pay options will be crucial to managing production budgets in 2014 and beyond. However, this is only one simplified example of the changes entertainment employers face under the ACA. Their jobs are even tougher as they tackle the ACA’s many complex requirements and challenges, including: Adapting to changing ACA requirements Managing all ACA employer mandate responsibilities E valuating employee status and healthcare eligibility correctly Accurate analytics and ACA reporting to the IRS Ensuring compliance and controlling costs

•• • ••

current regulations are interim and final guidance on the employer mandate is expected to be issued before 2015.

November – December 2013

43


Weathering Change Under the New Healthcare Law

In the past few months, it has become clear that administration of the Affordable Care Act (ACA) and by Mark Goldstein, preparation for compliance are highly complex proPresident and CEO, cesses which are stirring up a great deal of confusion. Entertainment Partners Lack of adequate preparation is going to create challenges for all employers, and none more so than those of us in the production world. In co-employment relationships, such as those that exist within the entertainment industry, the ACA provides that the co-employer who directs and controls the worker’s day-to-day functions is the responsible employer. This means that the production company typically will be responsible for providing coverage under the ACA, and that has come as a surprise to much of the industry. All employers with at least 50 full-time employees and equivalents must offer affordable and adequate health coverage starting January 1, 2015, or pay a penalty tax. The IRS issued proposed regulations at the end of 2012 to implement this employer play-or-pay health coverage mandate. The mandate for individuals to obtain minimum essential health coverage, however, begins January 1, 2014. On October 1, the public health insurance exchanges opened for business and it was reported that thousands began signing up. Fulltime production employees not covered under union or employer health plans will be required to meet this requirement or face a penalty, and it is up to all of us to help get the word out to them. What does this all mean for producers and members of the producing team? How are the unique needs of such a highly transient workforce being addressed? Where does

42

Produced by

one begin to assess how they will be impacted by the requirements and what the best course of action should be? The industry has looked to my company for answers and solutions that will help mitigate their exposure. Fortunately, because of our role as a statutory employer of production workers, we are uniquely qualified to assist. For the better part of the past year, Joe Scudiero, our Senior Vice President and Chief Labor Counsel, and I have been analyzing how the ACA will affect our industry. We’ve been meeting with all of the studios and many major and commercial independent production entities and hosting seminars and webinars in order to discuss what we have learned. Among the top concerns we have heard from the industry are confusion over what is affordable and adequate coverage, determining eligibility, lack of consolidated reporting across productions and production payroll companies,

misunderstanding of government reporting obligations, and knowing where to find an insurance plan to meet the requirements. There will be instances in which a producer believes that it might be more cost-effective to pay the penalty rather than provide coverage but even this determination is complicated. For instance, though you would only be obligated to provide insurance for those full-time employees not covered under a union or employer health coverage plan, if you opted to pay the per-head penalty for not providing coverage, the penalty would be assessed on almost all workers on your production, including union members. A myriad of questions abound regarding what happens when a production worker is between shows and how COBRA eligibility will work; and while the studios have human resources and benefits professionals who are able to address these questions, we know that a majority of independent production entities will be on their own. Producing entities had their first ACA obligation begin on October 1 and this will be ongoing when hiring new workers. Pursuant to Department of Labor regulations issued in May 2013, employers must distribute a Notice of Exchange (NOE) to all current employees (including union, non-union, full-time, and part-time) stating whether or not they will offer compliant health coverage and informing their employ-

ees about government health insurance exchanges. While any new hires through 2014 must be provided the notice within 14 days of hire, beginning in 2015, the NOE must be provided on the date of hire. We do not recommend that you attempt to answer all of the ensuing questions on your own, but rather seek the assistance of a trusted and knowledgeable advisor. Though employer compliance is not required until 2015, we are working with a number of studios who are choosing to begin compliance in January 2014. We will be happy to share what we all learn from the experience. In the meanwhile, following are some essential details and sample scenarios to help you begin to comprehend the new laws. Though by no means a comprehensive set of guidelines, it is intended to assist you in planning your next steps toward compliance. There are a number of resources available to you — please do not hesitate to contact my team or your preferred service provider for more in-depth information and guidance or visit our online compliance center at www.entertainmentpartners.com/aca/. Though it may initially seem overwhelming, it is important to remember that all businesses are facing the challenge of wading through these new requirements and that we are all in this together.

The ACA Employer Mandate America’s new healthcare law is commanding everyone’s attention these days and has created an entirely new vocabulary for employers. One new term — “play or pay” — takes on a different meaning from what the industry is used to; here it is shorthand for the decisions employers must face in 2015. For employers in the entertainment industry, arriving at that decision is not a simple calculation. For example, the majority of your crew on a given union production is receiving coverage through their union or guild plans. Does your company opt to play by offering compliant coverage to the remaining full-time, non-union crew? Or do you simply pay the no-coverage penalty tax on this small segment of your workforce? While the latter may seem to be the easiest option, the decision is not as straightforward as it looks and will often not be the most cost-effective choice. Review the infographics on the folowing pages for a more comprehensive breakdown.

*The

Play or Pay?

Assessing the Impact As production companies begin to grapple with the employer responsibilities, properly assessing their workforce and estimating their play-or-pay options will be crucial to managing production budgets in 2014 and beyond. However, this is only one simplified example of the changes entertainment employers face under the ACA. Their jobs are even tougher as they tackle the ACA’s many complex requirements and challenges, including: Adapting to changing ACA requirements Managing all ACA employer mandate responsibilities E valuating employee status and healthcare eligibility correctly Accurate analytics and ACA reporting to the IRS Ensuring compliance and controlling costs

•• • ••

current regulations are interim and final guidance on the employer mandate is expected to be issued before 2015.

November – December 2013

43


or


or


Understanding Production Worker Options ProducedBy_11x4_Choices_Final_CS4.ai

1

10/28/13

11:44 PM

Employers may have one year before they must comply with their employer mandate obligations under the ACA, but this is not so for individuals. As of January 1, 2014, individuals must enroll in “minimum essential coverage” or pay an annual penalty of $95 or up to one percent of income, whichever is greater. The yearly penalty increases in future years. What health coverage options do production workers have? With the exception of a minor segment that would fall under public programs such as Medicare and Medicaid, health coverage is available through two primary sources: group plans and public exchanges. Here’s a quick look at these sources:

Best Picture

Group Plans A large segment of the production workforce may already be covered through the unions and guilds. Others may have coverage through their spouses’ plans. The remaining segment of eligible, non-union workers can obtain a health plan through their employer group policy (if offered) or opt to get their own individual plan through the public exchanges. An obvious advantage to choosing an employer plan is the employer contribution, limiting the worker’s share of the premium to no more than 9.5% of adjusted gross household income. Transportability is one of the most essential considerations when offering health benefits to a transient workforce. The drawback to a traditional employer-based group plan is when production workers move on to their next project, they’ll face re-enrolling in a new employer group policy likely to involve a different network, doctors, and premium rates. Union members covered by a multi-employer health plan avoid this issue since they maintain the same coverage regardless of the project or employer if they meet eligibility requirements. Similar to multi-employer plans, there are employer group plan options available through a private entertainment industry exchange that enable non-union workers to carry coverage from production to production.

C

M

Y

CM

MY

CY

CMY

K

The Individual Insurance Market Coverage through individual insurance market plans may also be an option; however, many carriers are pulling out of the individual market to avoid the uncertainty tied to ACA changes and are directing their administrative and marketing services to the exchanges. Individual market plans and employer plans specific to the entertainment industry are listed under “ACA Resources.”

for screening info visit www.sonYcLAssicsAwArDs.com

November – December 2013

47


Understanding Production Worker Options ProducedBy_11x4_Choices_Final_CS4.ai

1

10/28/13

11:44 PM

Employers may have one year before they must comply with their employer mandate obligations under the ACA, but this is not so for individuals. As of January 1, 2014, individuals must enroll in “minimum essential coverage” or pay an annual penalty of $95 or up to one percent of income, whichever is greater. The yearly penalty increases in future years. What health coverage options do production workers have? With the exception of a minor segment that would fall under public programs such as Medicare and Medicaid, health coverage is available through two primary sources: group plans and public exchanges. Here’s a quick look at these sources:

Best Picture

Group Plans A large segment of the production workforce may already be covered through the unions and guilds. Others may have coverage through their spouses’ plans. The remaining segment of eligible, non-union workers can obtain a health plan through their employer group policy (if offered) or opt to get their own individual plan through the public exchanges. An obvious advantage to choosing an employer plan is the employer contribution, limiting the worker’s share of the premium to no more than 9.5% of adjusted gross household income. Transportability is one of the most essential considerations when offering health benefits to a transient workforce. The drawback to a traditional employer-based group plan is when production workers move on to their next project, they’ll face re-enrolling in a new employer group policy likely to involve a different network, doctors, and premium rates. Union members covered by a multi-employer health plan avoid this issue since they maintain the same coverage regardless of the project or employer if they meet eligibility requirements. Similar to multi-employer plans, there are employer group plan options available through a private entertainment industry exchange that enable non-union workers to carry coverage from production to production.

C

M

Y

CM

MY

CY

CMY

K

The Individual Insurance Market Coverage through individual insurance market plans may also be an option; however, many carriers are pulling out of the individual market to avoid the uncertainty tied to ACA changes and are directing their administrative and marketing services to the exchanges. Individual market plans and employer plans specific to the entertainment industry are listed under “ACA Resources.”

for screening info visit www.sonYcLAssicsAwArDs.com

November – December 2013

47


Public Exchanges Publicly-run exchanges offer health coverage for those who are ineligible for or decline group health plan benefits through their union, guild or employer. Some eligible nonunion workers also may elect to buy coverage through a public exchange. Once they enroll in a health plan through the public exchange, they carry their coverage with them, and depending on their income level, they may receive a government subsidy to reduce the price of their health plan if they have not declined an offer of compliant health coverage from their employer. Those workers who decline compliant employer-sponsored coverage will pay 100% of the cost on an after-tax basis and will not qualify for a subsidy. When shopping the exchanges, the key variables impacting a plan’s cost and value include tax subsidies, benefits, coverage limits,

“IF I WERE ONLY ALLOWED TO SEE ONE MOVIE THIS YEAR, I’D WANT IT TO BE ‘BEFORE MIDNIGHT.’ IF I WERE ONLY ALLOWED TWO TRIPS TO A THEATER THIS YEAR, I’D SEE IT TWICE.”

out-of-network reimbursements, stability, and plan administration and support services. While the federal marketplace has gotten off to an undeniably rocky start, several state exchanges have fared better. Nonetheless, the volatility of the enrollment process and uncertainty of the insurance market should also be factored in when evaluating health coverage options through public exchanges. Some production entities may regard offering health insurance or paying the penalty tax as solely a financial decision, while others may view offering insurance an incentive to attract and retain high-quality workers. Either way, it is up to employers to help their crews understand their options and properly assess their choices.

-Mary Pols, TIME MAGAZINE

“ONE OF THE GREAT MOVIE ROMANCES– HELL, THE GREAT MOVIE ROMANCE OF THE MODERN ERA.” -Justin Chang, VARIETY

“A MOVIE PASSIONATELY COMMITTED TO THE IDEAL OF IMPERFECTION THAT IS ITSELF VERY CLOSE TO PERFECT.” -A.O. Scott, THE NEW YORK TIMES

*To

be eligible for a subsidy, a person (1) must not be eligible for medical insurance through an employer-based plan and (2) have a household income of less than 400% of the federal poverty level.

Online Calculator Subsidy Calculator This tool illustrates health insurance premiums and subsidies for people purchasing insurance on their own in new health insurance exchanges (or “Marketplaces”) created by the Affordable Care Act (ACA). Source: Kaiser Family Foundation kff.org/interactive/subsidy-calculator/

Source: Entertainment Partners entertainmentpartners.com/aca/

Compliance Guides Department of Labor (DOL)
 The DOL’s healthcare reform Web page with links to compliance information (proposed, interim and final rules, fact sheets, etc.) Source: U.S. Department of Labor dol.gov/ebsa/healthreform/

State-Specific Employer Guidance
 The federal government has launched a new “one-stop” Health Care Changes website to provide state-by-state compliance information and advice to employers of all sizes. Source: A consortium of 14 different U.S. government agencies Business. USA.gov/healthcare

DOL’s Self-Compliance Tool
 Intended to assist those involved in operating a group health plan to understand the healthcare law and its related responsibilities. Source: U.S. Department of Labor dol.gov/ebsa/pdf/part7-2.pdf Entertainment Industry ACA Compliance Center This new online “ACA Compliance Center” provides entertainment employers with industry-specific ACA information and more.

48

Produced by

Health & Human Services (HHS)
 HHS’s website provides updates on complying with healthcare reform rules and regulations. Source: U.S. Department of Health & Human Services hhs.gov/healthcare

Exchanges The Health Insurance Marketplace The new federally-run health insurance exchange. Source: U.S. federal government healthcare.gov State Health Insurance Marketplaces The federal government’s interactive tool to select and visit each state’s Affordable Insurance Exchange or

GOTHAM AWARDS NOMINEE

BEST PICTURE “Marketplace.” Source: U.S. federal government healthcare.gov/what-is-the-market place-in-my-state State Decisions on Health Exchanges
 Track state-by-state actions regarding health insurance exchanges and access links to all state health exchange sites. Source: Kaiser Family Foundation kff.org/statedata/

Before Midnight

EP CaresTMEntertainment Industry Private Exchange A private exchange for entertainmentindustry employers providing a variety of health plan options and features designed specifically for non-union workers. Source: Entertainment Partners entertainmentpartners.com/epcares/

BEST PICTURE Producers

RICHARD LINKLATER CHRISTOS V. KONSTANTAKOPOULOS SARA WOODHATCH

INFORMATION FOR FREELANCERS Actors Fund The Actors Fund is the official organization for education and outreach to the entire entertainment community on healthcare needs in NY and CA. They offer free weekly seminars in both New York and Los Angeles on accessing individual policies. Source: actorsfund.org

FOR SCREENING INFO VISIT WWW.SONYCLASSICSAWARDS.COM


Public Exchanges Publicly-run exchanges offer health coverage for those who are ineligible for or decline group health plan benefits through their union, guild or employer. Some eligible nonunion workers also may elect to buy coverage through a public exchange. Once they enroll in a health plan through the public exchange, they carry their coverage with them, and depending on their income level, they may receive a government subsidy to reduce the price of their health plan if they have not declined an offer of compliant health coverage from their employer. Those workers who decline compliant employer-sponsored coverage will pay 100% of the cost on an after-tax basis and will not qualify for a subsidy. When shopping the exchanges, the key variables impacting a plan’s cost and value include tax subsidies, benefits, coverage limits,

“IF I WERE ONLY ALLOWED TO SEE ONE MOVIE THIS YEAR, I’D WANT IT TO BE ‘BEFORE MIDNIGHT.’ IF I WERE ONLY ALLOWED TWO TRIPS TO A THEATER THIS YEAR, I’D SEE IT TWICE.”

out-of-network reimbursements, stability, and plan administration and support services. While the federal marketplace has gotten off to an undeniably rocky start, several state exchanges have fared better. Nonetheless, the volatility of the enrollment process and uncertainty of the insurance market should also be factored in when evaluating health coverage options through public exchanges. Some production entities may regard offering health insurance or paying the penalty tax as solely a financial decision, while others may view offering insurance an incentive to attract and retain high-quality workers. Either way, it is up to employers to help their crews understand their options and properly assess their choices.

-Mary Pols, TIME MAGAZINE

“ONE OF THE GREAT MOVIE ROMANCES– HELL, THE GREAT MOVIE ROMANCE OF THE MODERN ERA.” -Justin Chang, VARIETY

“A MOVIE PASSIONATELY COMMITTED TO THE IDEAL OF IMPERFECTION THAT IS ITSELF VERY CLOSE TO PERFECT.” -A.O. Scott, THE NEW YORK TIMES

*To

be eligible for a subsidy, a person (1) must not be eligible for medical insurance through an employer-based plan and (2) have a household income of less than 400% of the federal poverty level.

Online Calculator Subsidy Calculator This tool illustrates health insurance premiums and subsidies for people purchasing insurance on their own in new health insurance exchanges (or “Marketplaces”) created by the Affordable Care Act (ACA). Source: Kaiser Family Foundation kff.org/interactive/subsidy-calculator/

Source: Entertainment Partners entertainmentpartners.com/aca/

Compliance Guides Department of Labor (DOL)
 The DOL’s healthcare reform Web page with links to compliance information (proposed, interim and final rules, fact sheets, etc.) Source: U.S. Department of Labor dol.gov/ebsa/healthreform/

State-Specific Employer Guidance
 The federal government has launched a new “one-stop” Health Care Changes website to provide state-by-state compliance information and advice to employers of all sizes. Source: A consortium of 14 different U.S. government agencies Business. USA.gov/healthcare

DOL’s Self-Compliance Tool
 Intended to assist those involved in operating a group health plan to understand the healthcare law and its related responsibilities. Source: U.S. Department of Labor dol.gov/ebsa/pdf/part7-2.pdf Entertainment Industry ACA Compliance Center This new online “ACA Compliance Center” provides entertainment employers with industry-specific ACA information and more.

48

Produced by

Health & Human Services (HHS)
 HHS’s website provides updates on complying with healthcare reform rules and regulations. Source: U.S. Department of Health & Human Services hhs.gov/healthcare

Exchanges The Health Insurance Marketplace The new federally-run health insurance exchange. Source: U.S. federal government healthcare.gov State Health Insurance Marketplaces The federal government’s interactive tool to select and visit each state’s Affordable Insurance Exchange or

GOTHAM AWARDS NOMINEE

BEST PICTURE “Marketplace.” Source: U.S. federal government healthcare.gov/what-is-the-market place-in-my-state State Decisions on Health Exchanges
 Track state-by-state actions regarding health insurance exchanges and access links to all state health exchange sites. Source: Kaiser Family Foundation kff.org/statedata/

Before Midnight

EP CaresTMEntertainment Industry Private Exchange A private exchange for entertainmentindustry employers providing a variety of health plan options and features designed specifically for non-union workers. Source: Entertainment Partners entertainmentpartners.com/epcares/

BEST PICTURE Producers

RICHARD LINKLATER CHRISTOS V. KONSTANTAKOPOULOS SARA WOODHATCH

INFORMATION FOR FREELANCERS Actors Fund The Actors Fund is the official organization for education and outreach to the entire entertainment community on healthcare needs in NY and CA. They offer free weekly seminars in both New York and Los Angeles on accessing individual policies. Source: actorsfund.org

FOR SCREENING INFO VISIT WWW.SONYCLASSICSAWARDS.COM


“A POWERHOUSE. ‘LONE SURVIVOR’ LACES ACTION WITH MORAL QUESTIONS THAT HAUNT AND PROVOKE.” Peter Travers, ROLLING STONE

“EXTRAORDINARY! A SINGULAR TRUE STORY OF INCREDIBLE COURAGE WHEN IT COUNTS THE MOST. BRILLIANTLY ACTED AND DIRECTED.

‘Lone Survivor’ is action-packed, unforgettable, tense and inspiring.” Pete Hammond, MOVIELINE

“THE MOST EXTRAORDINARY WAR FILM SINCE ‘SAVING PRIVATE RYAN.’” Bill Simmons, GRANTLAND

FOR YOUR CONSIDERATION

BEST PICTURE Produced by

PETER BERG SARAH AUBREY RANDALL EMMETT MARK WAHLBERG BASED ON TRUE ACTS OF COURAGE

© 2013 UNIVERSAL STUDIOS

universalpicturesawards.com


Generation Next Issue Featuring:

December 2013 vol. 84 no. 12 US $4.95 CAN $6.95 icgmagazine.com

INSIDE LLEWYN DAVIS

///// American HUSTLE ///// //// Saving MR. BANKS //// /// Generation NEXT ///


ICG

DECEMBER 2013

photos courtesy of MPTF

{ depth of field }

Mobile Health Care Hits Hollywood by Pauline Rogers

Thanks to two of the entertainment industry’s leading service companies – First Entertainment Credit Union and Entertainment Partners – there’s no excuse for studio employees not to stay on top of their health care. Health Wheels currently visits six studio locations, servicing studio and back-lot employees from MPI, DGA, SAG, WGAw and other payers (studios and freelancers, etc). The brainchild of the Motion Picture & Television Fund’s (MPTF’s) Bob Beitcher, Health Wheels provides industry members with the same kind of primary-care doctor visits they would get if they came to one of the MPTF health centers. The only service not offered is access to radiology. The idea grew out of a lunch with MPTF’s Chief Medical Officer, Dr. Janice Spinner, who told Beitcher that a percentage of her patients were saying they were “too busy to take the time to see a doctor.” “We mused about the possibilities of a

mobile health van,” Beitcher explains. “The next part of the story is particularly fun. We took the idea to a monthly management meeting [45-plus top managers] and posed it as a project. We began by securing funding for the van from the Heartbeat of Hollywood Golf Tournament committee.” As the idea blossomed, Beitcher reached out for more support. One of the strongest responses came from the employee-owned industry service organization Entertainment Partners. “Making sure we keep [industry workers] healthy and providing them an easy way to do so is a project we’re proud to sponsor,” says CEO/President Mark Goldstein, who says EP has always emphasized wellness and community support. “Production workers have hectic schedules, but healthcare is important and this program can help.” “We wanted patients to feel as comfortable in the mobile clinic as they would be in one of our brick-and-mortar facilities,”

adds Health Wheels Project Manager Karen Vock. “A big part of that is consistency of physician and nurse, and Dr. Dennis Green and Luciana Cordero, LVN, have served as our primary team for more than two years.” Vock says the team offers virtually all the same services as MPTF clinics: full physical examinations, including an EKG and blood work. “We see patients for wellwoman exams, colds, flu and general malaise, diagnosis and ongoing care of chronic conditions such as high cholesterol or blood pressure, diabetes, and more,” she says. The fact that Health Wheels has seen some 2,200 patient visits is proof of the program’s real-world value. “The convenience factor is appealing,” observes Health Wheels’ patient Barry Grant, who is a paint foreman at CBS Radford Studios. “The way it’s set up, you can call and make an appointment or walk in. It is very important to have a doctor on the lot, even if it’s once a week, and to not only know who the doctor is, but to trust his

28


ICG

DECEMBER 2013

depth of field

kindness and bedside manner.” The program is looking out for a range of those who need or want healthcare but can’t afford it. For those industry members who are uninsured or under-insured, the program offers “Bridge to Heath,” a $25 urgent-care visit. Recently, Entertainment Partners took things a step further with EP Cares™ – a transferable health plan and innovative solution to the Affordable Care Act for the entertainment industry. “We saw a great opportunity to simplify companies’ obligations to comply with the employer mandate while helping production workers so they wouldn’t have to manage different doctor networks and programs every time they move from one project to another,” Goldstein states. Thanks to Health Wheels, there is now a very tangible way to see that the industry

really does take care of its own. A calendar of visits is available at http://www.mptf.com/ healthwheels.

“Not only is the color rendering of the new Area 48 LED spot-on, but it’s powerful, lightweight, compact, and can run off a battery.” - Todd Heater

“COLOR IS RIGHT ON THE MONEY”

AREA 48 LED

Lighting director Todd Heater is called upon to light up to 100 setups a day when he’s lighting commercials or music videos such as the currently running Beyoncé, Lady Gaga, and Rolling Stones videos, where time is gold. When asked about the color fidelity of the AREA 48s, Heater said: “The color match to daylight was as close to daylight as I’ve seen on the market, and - Todd Heater, Lighting Designer probably better than all the other LEDs that I’ve seen out there. I have a more artistic approach to lighting 5600k than a technical one, but to my eye and to the camera, the color is right on the money.” The powerful light coming from Area 48 LED k fixtures are a function of BBS’ interchangeable phosphor 00 2 3 technology, which allows the fixture to be easily Interchangeable Phosphor Panels ( , 3200K, etc.) converted from daylight, to tungsten to chroma green

all in a matter of seconds. Heater much prefers BBS’ interchangeable panel approach for changing color temperature. “When you try to filter tungsten and daylight bulbs, it takes away lighting power. With the AREA 48 there’s a daylight balance that puts out the same amount of light as a tungsten balance, and the same for the other color temperatures available.” In addition to the difference of weight, size and light output, Heater also noted the lack of true dimmability with HMI and fluorescent lighting fixtures. “The AREA 48 LED is a very resourceful working tool on a set, because you can dim them down without changing color temperature. Now we can work at really, really low levels while remaining locked on in terms of color temperature.”

www.BBSLighting.com +1 800.820.6610

LIGHTING

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December 16, 2013, 10:13 AM ET

Obamacare causing headaches? Try adapting to law in Hollywood If thinking about Obamacare gives you headaches, be glad you’re not a member of a film crew in the Los Angeles area. Imagine you’re a lighting technician who, in the space of a year, works on a Walt Disney Co. DIS film for two months, then moves over to the NBC CMCSK lot nearby in Burbank, Calif. to do a short-lived sitcom for three months. Then you’re off to Culver City over the Santa Monica Mountains to do another film for Sony Pictures SNE for another two months, and then on to the Fox FOX lot in Century City for three months as a temporary fill-in on one of that network’s shows. You’re considered full time in all those jobs, but who insures you? The truth is, none of those four companies are obligated because you didn’t stay longer than 90 days. That’s the trouble that some of the behind-the-scenes workers in Hollywood face as they try to navigate President Obama’s health-care overhaul, says Mark Goldstein, chief executive of Entertainment Partners. The Burbank-based company contracts out to studios and film producers for payroll and production management services. But finding an answer to the Obamacare question isn’t an easy one. And employers aren’t off the hook. They still employ full-time staffs throughout the year; it’s just that it can be a constantly revolving crew. “The industry has reached out to see if we could facilitate something,” Goldstein said. With up to 100,000 non-union workers spread out to do as many as 3,000 projects a year, it’s tough to find a cost-effective way to insure those workers. In an effort to cut through the confusion, Entertainment Partners has set up its own private insurance exchange so that the risk could be spread throughout the entire industry. That way the makeup artist that drifts from job to job can be on equal footing with, say, a camera operator that has been working on “Jimmy Kimmel Live” in the heart of Hollywood for the last five years. Trouble is, much of the rest of the film industry that doesn’t contract out with Entertainment Partners’ “EP Cares” program can’t participate in the exchange. Until then, however, others in the film industry and its workers may be scrambling to find insurance. Because of the uneven nature of entertainment work, large chunks of workers could be left to get coverage on their own. “An entire full-time employee base could be subject to penalties,” he said. Follow Russ Britt on Twitter @russbrittmktw Follow Health Exchange on Twitter @MWHealthBlog  


Obamacare comes up short for Hollywood crews Anna Gorman , Kaiser Health News

1:24 p.m. EST January 8, 2014

Correction: A previous version of this story misidentified Mark Goldstein's title. He is president of Entertainment Partners, a production management and payroll service company. SHARE

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(https://twitter.com/intent/tweet?url=http://usat.ly/Jrly4V&text=Obamacare%20comes%20up%20short%2 Inside the Fox studios in Century City, crews are shooting the latest episodes of some of television's biggest shows, including Modern Family, How I Met Your Mother and Bones. Just outside the lot, crew members on breaks are lining up at a mobile health clinic in a converted Winnebago, seeking treatment for both chronic diseases and common ailments. (Photo: Anna Gorman, Kaiser Health News)

The Hollywood film and television industry relies heavily on freelancers and independent contractors who rarely are offered health insurance from an employer. Throughout Southern California, producers, writers, actors, editors, camera operators and prop makers move from gig to gig and hold numerous jobs each year. Some get

insurance through the industry's unions — after paying hefty fees and dues and working enough hours on union jobs. Others pay for private policies — or simply go without. The nation's health law will offer financial help for those who buy policies through new insurance marketplaces and whose incomes are within the limits. But contract workers, freelancers and seasonal employees in a variety of industries across the USA will fall in and out of eligibility for subsidies, causing confusion and possible tax consequences at the end of the year. Entertainment workers face an additional challenge on top of the constant job turnover and temporary nature of their employment. Crew members often work long hours rigging lights, moving gear and building sets, which can lead to injuries and high levels of stress. Because their employers don't often provide insurance, entertainment professionals say they have to get creative. They stock up on medications. They rely on spouses' insurance. They take flexible day jobs. They even get married just to have steady coverage. They see all their doctors while they are covered — and then go weeks or months without medical care. 'UNIQUE' INDUSTRY, CHALLENGES "They try to stay employed," said Bob Beitcher, chief executive officer of the Motion Picture & Television Fund, a charity that provides health and social services for entertainment workers. "Then they pray they don't have health issues when they are not employed." The health law was not designed for the entertainment industry, Beitcher said. The fund offers a temporary program for uninsured production workers to get affordable doctors' visits. "This industry is unique," he said. "Getting it right for this group the first time around was unlikely." Cat Rhinehart, a comedian living in Los Angeles, hasn't had regular coverage for years. When she paid $400 a month for insurance, she went to the doctor frequently. Now uninsured, Rhinehart receives most of her medical care at Planned Parenthood. "I used to be a hypochondriac, but now I can't really afford to be," she said. At the same time, Rhinehart said she knows she needs to be vigilant about her health, especially since her sister was diagnosed with breast cancer at 28. Gretchen Somerfeld, who works as a script supervisor, production manager and a voiceover artist, pays for her own insurance. She has worked in the entertainment industry for 26 years, mostly in commercials, and typically works about 50 different jobs in the course of one year. Occasionally, she works enough hours on union jobs that she qualifies for coverage, but Somerfeld said she can't depend on it. Her current insurance, which costs more than $600 a month with a $3,000 deductible, doubled after she started taking medication for high cholesterol. Somerfeld supports the Affordable Care Act but doubts it will help her. She is single and earns on average about $50,000, which puts her just above the limit to receive insurance subsidies through the state's health exchange. "At first, I was excited about Obamacare," she said. "Now I think I might fall between a rock and a hard place. It is very frustrating."


Dennis Green, the doctor who goes from studio to studio with the mobile health van known as Health Wheels, said that many of these workers — even those with insurance — don't get to a doctor regularly. He treats patients with high blood pressure and diabetes, many of whom can't afford to miss work for a medical appointment, or risk losing their jobs if they do. The 35-foot clinic run by the Motion Picture & Television Fund has two exam rooms, a bathroom and a small bench where patients can wait to see the doctor. On a recent morning, Megan Cannon, a set decorator on Bones, wanted a referral to a dermatologist. Cannon, who is covered through a union, said being able to go to an appointment while at work helps her take better care of herself, she said. "It's difficult for me to take time to see a doctor," she said. "Our schedules are ever-fluctuating." Green said aside from the convenience, the mom-and-pop nature of the mobile center helps crew members feel more comfortable. And he is able to see them quickly on their breaks, regardless of their insurance. "We'll roll onto the lot with one person on the schedule," he said. "And we'll fill up."

Nurse Luciana Cordero at the Health Wheels van.(Photo: Anna Gorman, Kaiser Health News)

'A WHOLE NEW WORLD' Hollywood production companies, too, are trying to figure out how to comply with the Affordable Care Act's employer mandate, set to begin in 2015. Production companies typically don't know much about insurance and will have to figure out who they have to cover and how to avoid penalties, said Mark Goldstein, president of Entertainment Partners, which provides production management and payroll services to companies. "For many of them, this is going to be a whole new world," he said. "Everyone is definitely scrambling to figure out how it is going to apply to them." Entertainment Partners is planning to provide its own insurance for production workers. About 35%-40% of production workers are not covered by unions, Goldstein said. Having insurance is critical for Dean Menta, a music editor who underwent two heart surgeries in his 30s. A few years ago, Menta took a corporate job at a video game company to have more steady insurance after it became harder to get enough union jobs to stay covered. But then the company closed. Menta said he has already started talking to an insurance broker and is looking into plans for him and his family through the Affordable Care Act. Right now, between his COBRA plan and the plan for his wife and children, Menta's family pays more than $1,000 a month. He recently landed a television job, which he is hoping will give him enough hours to get less expensive insurance again. Jim Westrick, 35, isn't sure yet whether he will qualify for subsidies because his income as a television assistant editor fluctuates from year to year. Currently, he pays for his own insurance — about $170 a month with a $3,000 deductible. Despite the cost, Westrick said he wouldn't give it up because he worries about getting hurt or sick and ending up bankrupt.

Westrick said he considers having to pay for his own coverage an "occupational hazard." "The freelance film and television world — that's how it has always been," he said. Kaiser Health News (http://www.kaiserhealthnews.org/) is an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente. SHARE

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In Hollywood, Health Coverage Presents Unique Challenges TOPICS: DELIVERY OF CARE, STATES, UNINSURED, HEALTH REFORM

By ANNA GORMAN KHN Staff Writer DEC 15, 2013

This KHN story was produced in collaboration with Inside the Fox Studios in Century City, crews are shooting the latest episodes of some of television’s biggest shows, including “Modern Family,” “How I Met Your Mother” and “Bones.” Just outside the lot, crew members on breaks are lining up at a mobile health clinic in a converted Winnebago, seeking treatment for both chronic diseases and common ailments. The Hollywood film and television industry relies heavily on freelancers and independent contractors who are rarely offered health insurance from an employer. Throughout Southern California, producers, writers, actors, editors, camera operators and prop makers move from gig to gig and hold numerous jobs each year. Some get insurance through the industry’s unions – after paying hefty fees and dues and working enough hours on union jobs. Others pay for private policies – or simply go without. The nation’s health law will offer financial help for those who buy policies through new insurance marketplaces and whose incomes are within the limits. But contract workers, freelancers and seasonal employees in a variety of industries will fall in and out of eligibility for subsidies, causing confusion and possible tax consequences at the end of the year.

This Health Wheels van travels from studio to studio reach entertainment-industry workers (Photo by Anna Gorman/KHN).

Entertainment workers face an additional challenge on top of the constant job turnover and temporary nature of their employment. Crew members often work long hours rigging lights, moving gear and building sets, which can lead to injuries and high levels of stress.

Not Exactly Glamorous Because their employers don’t often provide insurance, entertainment professionals say they have to get creative. They stock up on medications. They rely on spouses’ insurance. They take flexible day jobs. They even get married just to have steady coverage. They see all their doctors while they are covered – and then go weeks or months without medical care.


“They try to stay employed,” said Bob Beitcher, chief executive officer of the Motion Picture & Television Fund, a charity that provides health and social services for entertainment workers. “Then they pray they don’t have health issues when they are not employed.” The health law was not designed for the entertainment industry, Beitcher said. The fund offers a temporary program for uninsured production workers to get affordable doctor’s visits. “This industry is unique,” he said. “Getting it right for this group the first time around was unlikely.” Cat Rhinehart, a comedian living in Los Angeles, hasn’t had regular coverage for years. When she paid $400 a month for insurance, she went to the doctor frequently. Now uninsured, Rhinehart receives most of her medical care at Planned Parenthood. “I used to be a hypochondriac, but now I can’t really afford to be,” she said. At the same time, Rhinehart said she knows she needs to be vigilant about her health, especially since her sister was diagnosed with breast cancer at 28. 'A Rock And A Hard Place' Gretchen Somerfeld, who works as a script supervisor, production manager and a voiceover artist, pays for her own insurance. She has worked in the entertainment industry for 26 years, mostly in commercials, and typically works about 50 different jobs in the course of one year. Occasionally, she works enough hours on union jobs that she qualifies for coverage, but Somerfeld said she can’t depend on it. Her current insurance, which costs more than $600 a month with a $3,000 deductible, doubled after she started taking medication for high cholesterol. Somerfeld supports the Affordable Care Act but doubts it will help her. Somerfeld, who is single, earns on average about $50,000, which puts her just above the limit to receive insurance subsidies through the state’s health exchange. “At first, I was excited about Obamacare,” she said. “Now I think I might fall between a rock and a hard place. It is very frustrating.” If You're Sick, You Don't Work Dennis Green, the doctor who goes from studio to studio with the mobile health van known as Health Wheels, said that many of these workers – even those with insurance – don’t get to the doctor regularly. He treats patients with high blood pressure and diabetes, many of whom can’t afford to miss work for a medical appointment, or risk losing their jobs if they do. The 35-foot clinic run by the Motion Picture & Television Fund, has two exam rooms, a bathroom and a small bench where patients can wait to see the doctor. On a recent morning, Megan Cannon, a set decorator on “Bones,” wanted a referral to a dermatologist. Cannon, who is covered through a union, said being able to go to an appointment while at work helps her take better care of herself, she said. “It’s difficult for me to take time to see a doctor,” she said. “Our schedules are ever fluctuating.”

Nurse Luciana Cordero and Dr. Dennis Green discuss the benefits of bringing the mobile health clinic to the studio lots (Photo by Anna Gorman/KHN).

'A Whole New World'

Green said aside from the convenience, the mom-andpop nature of the mobile center helps crew members feel more comfortable. And he is able to see them quickly on their breaks, regardless of their insurance. “We’ll roll onto the lot with one person on the schedule,” he said. “And we’ll fill up.”


Hollywood production companies, too, are trying to figure out how to comply with the Affordable Care Act’s employer mandate, set to begin in 2015. Production companies typically don’t know much about insurance and will have to figure out who they have to cover and how to avoid penalties, said Mark Goldstein, CEO and president of Entertainment Partners, which provides production management and payroll services to companies. “For many of them, this is going to be a whole new world,” he said. “Everyone is definitely scrambling to figure out how it is going to apply to them.” Entertainment Partners is planning to provide its own insurance for production workers. About 35 to 40 percent of production workers are not covered by unions, Goldstein said. Having insurance is critical for Dean Menta, a music editor who underwent two heart surgeries in his 30s. A few years ago, Menta took a corporate job at a videogame company to have more steady insurance after it became harder to get enough union jobs to stay covered. But then the company closed. Menta said he has already started talking to an insurance broker and is looking into plans for him and his family through the Affordable Care Act. Right now, between his COBRA plan and the plan for his wife and children, Menta’s family pays over $1,000 a month. He recently got a television job, which he is hoping will give him enough hours to get less expensive insurance again. Jim Westrick, 35, isn’t sure yet whether he will qualify for subsidies because his income as a television assistant editor fluctuates from year to year. Currently, he pays for his own insurance – about $170 a month with a $3,000 deductible. Despite the cost, Westrick said he wouldn’t give it up because he worries about getting hurt or sick and ending up bankrupt. Westrick said he considers having to pay for his own coverage an “occupational hazard.” “The freelance film and television world -- that’s how it has always been,” he said. agorman@kff.org

© 2014 Henry J. Kaiser Family Foundation. All rights reserved.



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