Headlines about "Health plan admin - misc"
Gathered from the web by the editors at BenefitsLink.com.
[Guidance Overview] Failure to Furnish Enrollment Form and Other Documents Does Not Trigger ERISA Penalty
Excerpt: "EBIA Comment: This case joins the numerous other reported cases and DOL advisory opinions that attempt to flesh out what documents fall into the catch-all phrase 'other instruments under which the plan is established or operated.' Administrative forms are a particularly gray area because they often contain information relating to claims determinations. Given this ambiguity, plan administrators may be well advised to disclose them to comply with their plan's claims procedures and to help avoid a costly dispute, regardless of the Sixth Circuit's clear rejection of statutory penalties for violations of the claims procedure rules." (Employee Benefits Institute of America)
CMS's Summary of Proposed Mandatory Reporting Requirements Under the Medicare Secondary Payer Rule; Comments Requested
Excerpt: "Effective January 1, 2009, as required by the MMSEA, an entity serving as an insurer or third party administrator for a group health plan and, in the case of a group health plan that is self-insured and self-administered, a plan administrator or fiduciary must: (1) Secure from the plan sponsor and plan participants such information as the Secretary may specify to identify situations where the group health plan is a primary plan to Medicare; and (2) report such information to the Secretary in the form and manner (including frequency) specified by the Secretary." (International Foundation of Employee Benefit Plans)
[Guidance Overview] 'Metlife v. Glenn': The Court Addresses a Conflict Over Conflicts in ERISA Benefit Administration (PDF)
11 pages. Excerpt: "A case concerning disability benefits could have important ramifications for how health benefits are administered as well. . . . This paper analyzes the history of the conflict in the courts over this issue; the Supreme Court's resolution of it in MetLife; and the implications of this decision for plans, beneficiaries, and health policy." (Health Affairs)
[Guidance Overview] The Supreme Court Strikes Twice (but Misses the Mark) (PDF)
4 pages. Excerpt: "In its recently completed term, the Supreme Court issued two ERISA-related opinions that address questions left unanswered by earlier Supreme Court decisions and that are of critical importance for plan administration (and litigation that may result from fiduciary missteps). . . . If the Court's intention was to entertain us with a series of interesting (but not that interesting) and thought-provoking essays . . ., then it hit the target both times. If, on the other hand, the Court's goal was to supply clear and sensible guidance in an area that is generating more (not less) litigation, its aim was not true." (Adams and Reese LLP)
[Guidance Overview] TPA-Provided EOBs That Failed to Inform Former Employee of Claim Denial Did Not Comply with Claims Regulations
Excerpt: "EBIA Comment: To the extent it denies payment of submitted expenses, an EOB is an 'adverse benefit determination' triggering the plan's appeal procedures and requiring a detailed notification of adverse benefit determination. When an EOB fails to contain all of the required bells and whistles under ERISA's claims procedure regulations, a claimant may be allowed to go to court without completing a plan's claims procedures." (Employee Benefits Institute of America)
[Guidance Overview] Employee Benefits Update, August 2008 (PDF)
6 pages. The newsletter covers select compliance deadlines, retirement plan developments, and health and welfare plan developments. (Reinhart Boerner Van Deuren s.c.)
[Guidance Overview] CMS Taking Steps to Implement New Medicare Secondary Payer Reporting Requirements
Excerpt: "The Centers for Medicare and Medicaid Services (CMS) has set up a Web site to facilitate implementation of new mandatory reporting requirements relating to the Medicare Secondary Payer (MSP) rules for group health plans. The CMS Web site can be accessed at www.cms.hhs.gov/MandatoryInsRep. The new reporting requirements will be implemented on January 1, 2009, and the CMS's Web site will be a 'one-stop shop' for all relevant implementation and compliance materials." (Deloitte)
[Guidance Overview] Employer's State Law Claims Against Stop Loss Carrier Dismissed
Excerpt: "[Bank of Louisiana v. Aetna US Healthcare Inc., the] Fifth Circuit case on remand, highlights an area of particular interest to those of us that work with self-funded group health plans - the relationship between the employer and the stop loss carrier. In this case, the Fifth Circuit gave the employer an opportunity to pursue several state law claims against Aetna, the stop loss carrier, but these claims failed to reach the conduct that was the gravamen of the employer's complaint." (Health Plan Law blog by Attorney Roy F. Harmon III)
[Opinion] On Estoppel and Equitable Remedies Under ERISA: It Should Be a Two-Way Street
Excerpt: "I've complained at times in the past that too many federal Circuit and District courts view ERISA's equitable remedies as a one way street. Plan fiduciaries chasing subrogation or overpayment claims have free rein to recover money from plan participants under the guise of 'appropriate equitable relief.' Yet those some courts often deny the participants any monetary recovery for violations of ERISA because recovery of money supposedly falls outside the scope of 'appropriate equitable relief.'" (Brian S. King's ERISA Law Blog)
[Guidance Overview] CMS Publishes Summary of Proposed Mandatory Insurer Reporting Requirements
Excerpt: "The MMSEA . . . created new Medicare Secondary Payer (MSP) data–reporting requirements. Starting January 1, 2009, the new MSP data–reporting requirements will require insurers, TPAs and a plan administrator or fiduciary of a self–insured/self–administered group health plan to: [i] Collect from the plan sponsor and plan participants information to identify situations where the group health plan is primary to Medicare, and [ii] Submit such information to the Department of Health and Human Services (HHS) in a form and manner specified by HHS." (Sibson)
[Guidance Overview] New Hampshire Mandates Obesity Coverage and Bariatric Surgery
Excerpt: "New Hampshire health insurers and HMOs must soon cover medically necessary treatments and services related to morbid obesity, including bariatric surgery, if the insured is age 18 or older and meets [certain] standards . . . . Other related services to be covered include pre-operative psychological screening and counseling, behavior modification, weight loss and exercise regimens, and post-operative follow-up." (Mercer)
[Guidance Overview] On-Site Health Clinics Require an Ounce of Legal Prevention
Excerpt: "Employers offering clinics can achieve attractive outcomes, but realizing these gains requires navigating a complex legal landscape. This Update answers questions about several legal issues faced in setting up and sponsoring on-site health clinics." (Mercer)
[Guidance Overview] DOL Enforcement Manual Updated to Address Fiduciary Gifts & Gratuities
Excerpt: "The Enforcement Manual carves out two circumstances where investigators are generally to conclude that no violation of ERISA § 406(b)(3) has occurred: (1) $250 de minimis amount: where a fiduciary and its family members receive consideration (i.e., gifts, gratuities, meals, entertainment, other non-cash consideration, or reimbursement of expenses associated with educational conferences) of an aggregate annual value of less than $250 and their receipt does not violate any plan policy or provision; (2) Educational expenses: where the plan is reimbursed for expenses associated with a plan representative's attendance at an educational conference, provided that: . . . ." (Deloitte)
[Guidance Overview] Revisions to the Standard of Care Rule Book, Unit 1
Excerpt: "I have some work to do in updating the standard of review section of the ERISA Toolkit after the MetLife v. Glenn decision. As I develop these segments, I will post them as independent units. Ultimately they will be incorporated into the Toolkit page. Here's the first revision . . . ." (Health Plan Law blog by Attorney Roy F. Harmon III)
[Guidance Overview] Trial Court Permits Limited Discovery Regarding Insurer's Alleged Conflict of Interest
Excerpt: "EBIA Comment: We don't normally report on discovery disputes in ERISA benefits litigation. But this case caught our eye because it illustrates how claimants may try to use the Glenn decision as a springboard for seeking discovery of information regarding possible conflicts of interest, making ERISA litigation even more burdensome and expensive for ERISA plan sponsors, insurers, and other claims decisionmakers. Though it remains to be seen how receptive the courts will be to such attempts, we anticipate more such cases in the future." (Employee Benefits Institute of America)
[Guidance Overview] DOL Service Provider Disclosure Regs: A New and Improved (?) Way of Doing Business
Excerpt: "The proposed regulations are intended to introduce transparency to service providers' fees and potential conflicts of interest, so as to provide plan fiduciaries with sufficient information to be able to make informed decisions about services and costs, and will require major changes in how service providers operate as well as impact employers who contract for those services. The regulations would take effect 90 days after publication of the final regulations." (Patterson Belknap Webb & Tyler LLP)
California Assembly OKs Amended Bill Capping Health Insurers' Administrative Costs
Excerpt: "On Tuesday, the California Assembly voted 41-26 to approve legislation that would require health insurers to spend 85% of premiums and other fees on patient benefits, the AP/Los Angeles Daily News reports." (California HealthCare Foundation)
[Official Guidance] Text of IRS Rev. Proc. 2008-48: Treatment of Dependent by Noncustodial Parent When Custodial Parent Has Not Released Claim (PDF)
5 pages. Excerpt: "The Service will treat a child described in the scope section of this revenue procedure of taxpayers within the scope of this revenue procedure as the dependent of both parents under §§ 105(b), 106(a), 132(h)(2)(B), 213(d)(5), 220(d)(2), and 223(d)(2), whether or not the custodial parent releases the claim to the exemption under § 152(e)(2). . . . This revenue procedure is effective August 18, 2008. However, taxpayers may apply this revenue procedure in any taxable year beginning after December 31, 2004, for which the period of limitation on credit or refund under § 6511 has not expired as of August 18, 2008." (Internal Revenue Service)
Who Owns Blue Cross? Who Should?
Excerpt: "Now the issue arises once again in high drama as Horizon Blue Cross Blue Shield of New Jersey seeks to convert from a not-for-profit health service corporation to a for-profit health insurer. With over $1 billion in the balance 'for the purposes of improving New Jersey's health care system', the stakes are bound to draw political interest." (Health Plan Law blog by Attorney Roy F. Harmon III)
Florida Health Insurers Challenge State Rule to Create Uniform Small Business Insurance Applications
Excerpt: "Two UnitedHealth Group subsidiaries are challenging a proposed rule by the Florida Office of Insurance Regulation that would require state insurers to use the same application forms and medical questionnaires for all small businesses with between two and 50 employees, Florida Health News reports." (Kaiser Family Foundation)
[Guidance Overview] Milliman's Monthly Benefit News and Developments, August 2008 (PDF)
2 pages. The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits. (Milliman)
[Guidance Overview] Harsh Consequences of Shoddy Claim Denials and Explanations of Benefits
Excerpt: "Two recent district court decisions highlight the fact that administrators issuing unclear or incomplete claim denial letters do so at their own peril. In both Tinker v. Versata, Inc. Group Disability Income Insurance Plan, No. 2:06-CV-02906 (E.D. Cal. July 13, 2008) and O'Connell v. Northland Lutheran Retirement Community Employee Benefit Plan, No. 07-C-637 (E.D. Wis. July 15, 2008), judges imposed significant penalties on plans for failing to live up to ERISA's standards in their explanations of claim denials." (McGuireWoods LLP)
Self-Funding of Health Plans: One More Thing That Should Keep Risk Managers Up at Night
Excerpt: "Don't be fooled by the absence of the word 'insurance' in 'self-funding.' And don't be fooled by the role of the federal government and federal statutes in the regulation of self-funded benefits plans. Insurance is the very foundation of these plans." (Risk & Insurance via Mondaq; one-time registration required)
[Guidance Overview] Employee Benefits Update, July 2008 (PDF)
5 pages. The newsletter covers select compliance deadlines, retirement plan developments, and health and welfare plan developments. (Reinhart Boerner Van Deuren s.c.)
Employee Benefits Developments July 2008
Excerpt: "A brief look at developments in Employee Benefits law from June and July 2008, including cases, rulings, and opinions." (Hodgson Russ LLP)
[Guidance Overview] Employers Should Prepare for GINA Effects
Excerpt: "Under the Genetic Information Nondiscrimination Act (GINA), employers will need to learn new ways of dealing with information, just as they did when the Americans with Disabilities Act (ADA) was passed . . . ." (Wolters Kluwer)
New Features on the Redesigned BLS Web Site As of July 2008
Excerpt: "[Some features of the redesigned site:] Fresh content will appear on the BLS homepage every business day. Improved Navigation - User-tested menus will enable fast and efficient browsing. Improved Search Engine - BLS will be upgrading to a new search engine which will be a major improvement over the existing one." (U.S. Bureau of Labor Statistics)
Milliman's Monthly Benefit News and Developments, July 2008 (PDF)
2 pages. The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits. (Milliman)
New York Civil Liberties Union Sues Health Insurer Over Coverage Denial
Excerpt: "The state Supreme Court lawsuit accuses Blue Cross & Blue Shield of Western New York of discriminating based on sexual orientation and of breaching its contract with the Cheektowaga Central School District, which employs one of the women." (AP via Yahoo! Finance)
Benefits Attorney Donald R. Levy Dies
Excerpt: "He served as Vice President and Employee Benefit Consultant to Johnson & Higgins as Vice President-Human Resources and Director of Employee Benefits at UST (United States Tobacco Company), as Senior Consultant with William M. Mercer, Inc. His publishing activity developed in post retirement, after a few years with Prentice Hall and RIA. He continued with his own publishing business and authored many books, including the Pension Handbook. He taught at the University of Connecticut, served as a panelist for the Practicing Law Institute, and lectured before various professional groups." (The [Stamford CT] Advocate)
Report Shows California HMOs Spend $6B on Costs Unrelated to Health Care
Excerpt: "California HMOs spent $6 billion on administrative costs in 2007, some of which could have gone toward driving down insurance premiums or better protecting the insured, according to an annual report by the California Medical Association slated for release . . ., the AP/San Francisco Chronicle reports." (California HealthCare Foundation)
[Guidance Overview] Explanation of Benefits Not Effective as a Denial of Claims, Causing Plan to Lose Exhaustion of Remedies Defense
Excerpt: "This case demonstrates the importance of meeting all of the requirements of the DOL's claims procedure regulations. It also highlights the fact that EOBs issued by most plans are simply inadequate to trigger the start of the claims appeal period. If a claim is not timely denied or a sufficient notice of denial is not timely issued, the procedural violation may allow the participant (or as in this case, the participant's representative) to proceed immediately to court." (Employee Benefits Institute of America)
[Guidance Overview] Milliman's Monthly Benefit News and Developments, June 2008 (PDF)
2 pages. The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits. (Milliman)
Report Traces $200B in U.S. Health Costs To Claims Processing Errors
Excerpt: "AMA released the report at its annual meeting in Chicago to coincide with the launch of its 'Cure for Claims' initiative to reduce inefficiencies in payment claims . . . ." (California HealthCare Foundation)
[Guidance Overview] White House Calls for Regulations to Be Finalized by November 1, 2008
Excerpt: "On May 9, 2008, the White House issued a Memorandum to the Heads of Executive Offices and Agencies stating that, 'except in extraordinary circumstances, regulations to be finalized in this Administration should be proposed no later than June 1, 2008, and final regulations should be issued no later than November 1, 2008.' It is not clear how this Memorandum will affect the many pending regulations relating to employee benefit plans, including those relating to the Pension Protection Act of 2006." (Deloitte via BenefitsLink.com)
Periodic Audits of ERISA Plans and Employment Policies and Practices Can Prevent Costly Mistakes
Excerpt: "Self-Audits are reviews that companies usually undertake with the assistance of benefits counsel to identify legal compliance gaps in their plans, policies and/or operational procedures. The audit focuses on areas that could place the company at risk for governmental fines and penalties, as well as expose the company to an increased risk of lawsuits. These audits can be done for either or both a company's employment practices and employee benefits plans." (Aiken and Aiken)
[Opinion] Groom Law Group Weighs in on Supreme Court Debate over Conflict of Interest Case: MetLife Insurance Co. v. Glenn
Excerpt: "At issue is whether and how a court will consider the fact that the same entity that funds a benefit plan also decides a participant's claim for benefits under the plan. Some courts have viewed this dual role as a conflict of interest that requires a more heightened standard of review of the benefit claim decision than otherwise would be required. Why should retirement plan administrators care about this case? Under current law, if the entity that funds the plan also decides claims for benefits under the plan, the standard of review of a benefit claim will vary, even though the facts are the same, depending on the court that reviews the benefit claim. The Supreme Court's decision in this case should provide a more uniform standard throughout the country." (Business Wire)
Obtaining Quality Employee Benefit Plan Audit Services—The Request for Proposal
Excerpt: "Employee benefit plan sponsors and administrators can save time selecting an audit firm and evaluating the quality of its services by writing a thorough Request for Proposal (RFP)." (The American Institute of Certified Public Accountants)
Naming a Defendant in an ERISA Action
Excerpt: "This article argues that courts should permit suit against any entity that played a role in denying the claim. This approach (1) is consistent with the plain language of ERISA, (2) is consistent with the legislative intent behind ERISA which was to protect employees from underfunded plans and from erroneous benefit denials, (3) is consistent with Supreme Court precedent permitting fiduciaries to be sued under ERISA, and (4) creates an incentive for entities making benefits determinations to make those determinations correctly." (Social Science Research Network)
[Guidance Overview] Employee Benefits Review, May 2008 (PDF)
8 pages. The newsletter covers select compliance deadlines and developments in retirement and health and welfare plans. (Reinhart Boerner Van Deuren s.c.)
Holding Your Third Party Administrator Accountable
Excerpt: "A good place to start is asking a TPA for their SAS 70 audit, which should highlight significant and relevant characteristics of their internal controls for ensuring an acceptable ERISA compliance plan is in place." (Employee Benefit News; free registration required)
Report Ranks Aetna, Cigna Most Efficient, Accurate Among Health Insurers in Reimbursements to Physicians
Excerpt: "Aetna ranked first among 130 large health insurers in efficiency and accuracy in reimbursements to physicians, and Cigna ranked second, according to a report scheduled for release on Thursday by Athenahealth, the Wall Street Journal reports." (Kaiser Family Foundation)
[Guidance Overview] Case Summers v. Touchpoint Health Plan, Inc. Decision
Excerpt: "Where a termination of benefits under an ERISA-governed plan was arbitrary and capricious, benefits must be reinstated." (Wisconsin Law Journal)
[Guidance Overview] President Bush Signs the New Genetic Information Nondiscrimination Act into Law (PDF)
Excerpt: "In terms of a practical response to GINA, employers need to make adjustments to their policies and practices. Employers should . . . " (Dechert)
[Opinion] BCBSA Commends Administration and Congress on Genetic Information Nondiscrimination Act
Excerpt: "Blue Cross and Blue Shield companies do not deny coverage to members based on their confidential genetic profiles, and we support protections on the use of such data. We are very pleased GINA encourages patients to obtain appropriate genetic testing to take advantage of prevention and effective treatment - rather than delay potentially life-saving care." (Blue Cross and Blue Shield Association)
[Opinion] The Trouble With Estoppel in ERISA Cases
Excerpt: "Every now and then an estoppel case pops up under ERISA, and the law is twisted and mangled to make it fit." (BNA Pension & Benefits Blog)
[Guidance Overview] Genetic Antidiscrimination Law Creates New Compliance Challenges for Employers
Excerpt: "GINA's practical implications are likely to be broad if GINA achieves the intended objective of encouraging more individuals to take genetic tests and to seek out genetic counseling. While these implications are difficult to foresee, the Act itself suggests the following actions that employers should consider taking by the effective date:" (Littler)
[Guidance Overview] Genetic Information Nondiscrimination Act Becomes Law (PDF)
4 pages. Excerpt: "Under Title I, employer-sponsored group health plans and health insurers providing group health plan coverage are prohibited from restricting enrollment or adjusting premium or contribution amounts for the group on the basis of genetic information. They may not request, require or purchase genetic information prior to an individual's enrollment in the plan or request or require genetic testing of the individual or a family member for underwriting purposes. However, a plan or issuer that obtains such information incidental to the collection of other information prior to enrollment will not be in violation of the law as long as it is not used for underwriting purposes." (Buck Consultants)
Google Health Launches to Questions About Privacy
Excerpt: "Google has formally launched its Google Health effort to allow patients access their personal health records no matter where they are, from any computing device, through a secure portal hosted by Google." (eWeek)
Q and A: Same-Sex Marriages in California
Excerpt: "Q: Will people in domestic partnerships automatically convert to marriage? A: No. There is no provision in the ruling to automatically convert domestic partners to marriage. Q: Do I have to dissolve a domestic partnership to get married? A: No. California permits an individual to be in a domestic partnership and be married, as long as it is to the same person." (Los Angeles Times)
ERISA Preemption Means California G.ay Marriage Ruling Not a Slam-Dunk for Benefits
Excerpt: "[B]ecause the federal government doesn't recognize gay marriage and California already has a strong domestic partnership law, the new ruling's nuts-and-bolts impact on gay couples' personal finances is expected to be limited, analysts said. For example, Social Security survivor benefits and Cobra, the continuation of employer health insurance after a job loss or divorce, still apply exclusively to the traditionally married." (Marketwatch)
[Opinion] NCCMP Comments to DOL Proposed Regulation on Form T-1 (PDF)
33 pages. Excerpt: "[The] latest effort to establish a Form T-1, in large part, fails to take into account the predominant role of ERISA in establishing rigorous reporting and disclosure requirements on all employee benefit plans. More troubling still, the [Notice of Proposed Rulemaking, or 'NPRM'] exhibits little understanding of the body of employee benefits law that has developed since 1974 that has drastically altered the regulatory framework governing employee benefit plans. Finally, nowhere in the NPRM will one find any analysis that would indicate a nexus between the financial affairs of ERISA plans and circumvention or evasion of reporting requirements under the LMRDA." (National Coordinating Committee for Multiemployer Plans)
[Guidance Overview] ADA and ERISA Claims Proceed for Employees Terminated After Child Incurred Large Medical Expenses
Excerpt: "The employees were terminated following an investigation that commenced just eleven days after a relapse of their son's cancer; the investigation showed discrepancies between their time sheets and security gate entrance/exit records. The Tenth Circuit noted concerns expressed by the employer about the son's health care costs and the close 'temporal proximity' between the son's relapse and the employees' termination (less than three weeks for the father and approximately six weeks for the mother)." (Employee Benefits Institute of America (EBIA))
[Guidance Overview] ERISA Preemption of State Bars on Discretionary Clauses in Health and Life Insurance Policies (PDF)
At page 5. Excerpt: "For years, discretionary clauses have been challenged by ERISA plaintiffs and consumer groups. State insurance regulators entered the fray in 2002, and appear to be succeeding in setting aside these clauses for insured plans. Significantly, the usual ERISA preemption defense appears to be giving way to a wave of state insurance regulation preventing insured ERISA plans from giving Firestone discretion to fiduciaries of insured plans. This article examines some recent case law on the preemption issue . . . ." (Proskauer Rose LLP)
[Guidance Overview] Golden State Court Allows Gay Marriages
Excerpt: "With the 172-page ruling, including a majority opinion penned by Chief Justice Ronald M. George, California becomes the second U.S. state behind Massachusetts to allow gay marriage, according to news reports . . . . The decision was a product of a deeply divided court that narrowly approved the final holding 4 to 3." (PLANSPONSOR.com)
[Guidance Overview] Worker Misclassification Investigations Gain Momentum
Excerpt: "Undoubtedly, some industries are both more prone to misclassify workers and more vulnerable to challenge due to the nature of the work involved. Construction, transportation and even the medical profession have proven at risk on the issue." (Attorney Roy F Harmon III in the Health Plan Law blog)
[Guidance Overview] Prominent Provisions of the Genetic Nondiscrimination Act
Excerpt: "The Secretary of Labor is provided new enforcement authority. It may impose a penalty against the plan sponsor or issuer for failure to meet the requirements of ERISA §§ 701 and 702 regarding genetic information and discrimination. The permissive penalty is $100 per day for each participant or beneficiary to whom the failure applies. If the failure is discovered by the Secretary before it is corrected, however, a minimum penalty of at least $2,500 per person shall apply (or, where the violations have been more than de minimis, at least $15,000 per person shall apply)." (Deloitte)
More Tying the Knot to Get Health Insurance
Excerpt: "Some people marry for love, some for companionship and others for status or money. Now comes another reason to get hitched: health insurance. In a poll released Tuesday, 7 percent of Americans said they or someone in their household decided to marry in the past year so they could obtain health-care benefits via their spouse." (Chicago Tribune)
[Guidance Overview] Genetic Discrimination Bill Expected to Be Signed Into Law: Concern Over Some Consequences for Employers
Excerpt: "The breadth of the definition [of 'genetic information' raises numerous questions. For example, an employee seeking time off to care for a family member under the Family and Medical Leave Act must provide certification of the family member's serious health condition in order to qualify for leave. This knowledge would qualify as 'genetic information' under the statute's definition. Will employees be able to claim that subsequent disciplinary actions were founded on genetic information discrimination? Does the collection of family health history for a company-sponsored wellness program put the employer at risk for claims of a GINA violation?" (Thompson Hine)
[Guidance Overview] Prison Sentences Upheld for Unpaid Plan Contributions Under ERISA Theft Statute
Excerpt: "Over a two-year period, the corporate executives in this case (a CEO and CFO) failed to make required contributions to the company's retirement plans and failed to use employee health plan contributions to pay benefits under that plan (almost $1.4 million in contributions was involved). The executives were convicted of various federal crimes (including ERISA theft and false statements) and given ten- and seven-year prison terms." (Employee Benefits Institute of America (EBIA))
The links shown above have been gathered from the web by the editors at BenefitsLink.com. Each article's publisher is shown above in parentheses. Opinions expressed in each article are those of the article's publisher, not necessarily those of BenefitsLink.com, Inc. or any web site that displays these headlines in a "frame." You should contact the listed publisher for copyright information about any particular article or to inquire into the right to use the article in any manner.