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January jobs report: Unemployment rate falls to 4%, wages rise more than forecast; Trump signs order imposing sanctions on International Criminal Court over investigations of Israel; Ten Commandments in public schools debate reaches South Dakota; Virginia ranks among worst states for wage theft; Mexican long-nosed bat makes appearance in Arizona.

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Attorney General Pam Bondi strikes a Trump tone at the Justice Department, federal workers get more time to consider buyouts, and an unclassified email request from the White House worries CIA vets.

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During Black History Month, a new book shares how a unique partnership built 5,000 schools for Black students, anti-hunger advocates say ag communities would benefit from an expanded SNAP program, and Americans have $90 billion in unpaid medical bills.

New rule cracks down on companies' abandonment of black lung liabilities

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Thursday, December 26, 2024   

A new federal rule aims to close a loophole allowing coal companies to walk away from their obligations to pay disability benefits and health insurance to miners who worked for them and contracted black lung disease.

The so-called "self-insurance loophole" lets companies dump hundreds of millions of dollars in health liabilities onto the Black Lung Disability Trust Fund, a safety net program riddled with debt and backed up by taxpayer dollars.

Brendan Muckian-Bates, policy and advocacy associate for the Appalachian Citizens Law Center, said the recent merger of coal giants Arch Resources and Consol Energy, both of which have relied heavily on self-insurance, has advocates concerned about how future black lung liabilities will be covered.

"The trust fund that exists currently was not necessarily set up in a way to accommodate this corporate shedding of health care liabilities," Muckian-Bates explained.

The Labor Department rule now requires companies to put down 100% of their liabilities as collateral, and requires a yearly review process of their self-insurance polices to help ensure adequate resources for benefits are available. A recommendation to create a publicly accessible data portal to make compliance with the new regulation more transparent was not included in the final rule.

Muckian-Bates pointed out black lung can take years to develop and early symptoms typically do not qualify folks for benefits. The condition is full-blown years down the line, in retirement or after a career switch or mine closure. At that point, individuals then have to rely on benefits from their previous employer.

"This new rule ensures that those coal companies who would be responsible for that disability have the collateral necessary to cover their health care needs, as well as their benefit stipends," Muckian-Bates outlined.

Black lung disability payments to miners have been shrinking. In 2024, the monthly payment for an individual was around $772 a month, or up to around $1,500 a month for households with three or more dependents.A new federal rule aims to close a loophole allowing coal companies to walk away from their obligations to pay disability benefits and health insurance to miners who worked for them and contracted black lung disease.

The so-called "self-insurance loophole" lets companies dump hundreds of millions of dollars in health liabilities onto the Black Lung Disability Trust Fund, a safety net program riddled with debt and backed up by taxpayer dollars.

Brendan Muckian-Bates, policy and advocacy associate for the Appalachian Citizens Law Center, said the recent merger of coal giants Arch Resources and Consol Energy, both of which have relied heavily on self-insurance, has advocates concerned about how future black lung liabilities will be covered.

"The trust fund that exists currently was not necessarily set up in a way to accommodate this corporate shedding of health care liabilities," Muckian-Bates explained.

The Labor Department rule now requires companies to put down 100% of their liabilities as collateral, and requires a yearly review process of their self-insurance polices to help ensure adequate resources for benefits are available. A recommendation to create a publicly accessible data portal to make compliance with the new regulation more transparent was not included in the final rule.

Muckian-Bates pointed out black lung can take years to develop and early symptoms typically do not qualify folks for benefits. The condition is full-blown years down the line, in retirement or after a career switch or mine closure. At that point, individuals then have to rely on benefits from their previous employer.

"This new rule ensures that those coal companies who would be responsible for that disability have the collateral necessary to cover their health care needs, as well as their benefit stipends," Muckian-Bates outlined.

Black lung disability payments to miners have been shrinking. In 2024, the monthly payment for an individual was around $772 a month, or up to around $1,500 a month for households with three or more dependents.


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