January 17, 2003 - 7,947 subscribers Today's sponsor: WorldatWork (Click on company name or banner to learn more.) ![]() Our Bookstore now carries books published by WorldatWork! WorldatWork, the professional association for compensation, benefits and total rewards professionals, now has more than 30 select publications appearing for sale in the BenefitsLink.com bookstore. Bush Wants Cap on Medical Malpractice Awards Excerpt: "President Bush is urging Congress to set a $250,000 limit on medical malpractice awards, stepping into a bitter debate over tort reform-- and setting the stage for a fight with several of his potential Democratic challengers, who are squarely on the other side of the issue. With doctors around the country protesting rising insurance costs, malpractice litigation is increasingly becoming a partisan topic ..." (The Boston Globe) Opinion: a Rebuttal to HHS Report on Medical Malpractice Liability and How Administration Using It Excerpt: "Actual payments to malpractice victims are only a fraction of what juries award.... A small number of 'repeat-offender' doctors are responsible for most malpractice, and licensing boards are doing nothing about it.... Malpractice expenditures constitute a tiny fraction of overall health care costs, and changes to the legal system would make a negligible difference." (Public Citizen) Study: Americans Getting Healthier Excerpt: "[H]eadline-grabbing health issues, combined with rising health insurance costs and the problem of the uninsured, project the image that America's health is in crisis. However, the evidence is the exact opposite. Americans are healthier than ever, and our health is improving. In this report, we summarize data ranging from mortality rates to disability and heart disease rates that paint an optimistic picture of the state of Americans' health." (Milliman USA) Wisconsin Court Enforces Plan's Subrogation Claim and Rejects Application of Make-Whole Doctrine Palmerton v. [Wal-Mart] Associates' Health and Welfare Plan, No. 02-1741 (Wis. Ct. App. 2003). Excerpt: "The court noted that the summary plan description allowed the Plan to recover 100% of the benefits it paid regardless of 'whether the participant has been made-whole (i.e., fully compensated for his/her injuries).' The court concluded that this language disclaimed application of the made-whole doctrine." (Lawrence & Russell) Express Scripts Says ERISA Lawsuit Dismissed Excerpt: "Express Scripts Inc. said on Thursday a federal court granted its motion to dismiss a class-action lawsuit alleging that the company violated its fiduciary duties to clients.... The complaint asserted that certain Express Scripts business practices contracts with pharmaceutical manufacturers for retrospective discounts on medications and its retail pharmacy network contracts violated its duties under Employee Retirement Income Security Act." (Reuters Health via Medscape; one-time registration required) Supreme Court Hears Arguments in FMLA Case Against State Government Excerpt: "The Supreme Court on Jan. 15 heard opening arguments in Nevada Department of Human Resources v. Hibbs, a case that will determine whether state employees can sue the state for denying them time off to care for sick family members as granted under the 1993 Family and Medical Leave Act, the Washington Post reports." (KaiserNetwork.org) GE Walkout Ends But Many Issues Unresolved Excerpt: "The average union worker, according to [GE spokesman Gary] Sheffer, makes $ 50,000 a year and his total yearly cost for family health insurance under the GE plan would be $ 1,100. In other parts of the country, union members bristled at the reported bonuses and pay of top GE executives and said when a company is expected to turn a $ 16 billion profit but has to raise workers' health-care costs there is something wrong." (The Connecticut Post via Society for Human Resource Management) Opinion: Paid Maternity Leave, More Flexibility at Work Needed to Accommodate Working Parents Excerpt: "Working American parents have twenty-two fewer hours a week to spend with their kids than they did thirty years ago. Here's how to help the new 'juggler family.'" (The Atlantic) Employee Demand for More Health Benefits Drives Up Cost of Care, Reinhardt Says Excerpt: "The decision by General Electric employees to strike over 'relatively mild additions' to their health care costs 'shows once again what a young country the United States is when it comes to health care,' Princeton University political economy professor Uwe Reinhardt writes in a Los Angeles Times opinion piece ..." (KaiserNetwork.org) Wisconsin Employers Join Together in Attempt to Bring Down Health Costs Excerpt: "Powerful employers in southeastern Wisconsin are banding together to bring down soaring health care costs, which threaten the competitiveness of area businesses, spokesmen for the employers group said Thursday. The goal of the Business Health Care Group of Southeast Wisconsin is to earnestly 'explore alternatives to contain health care costs in the region' ..." (The Milwaukee Journal Sentinel) American Benefits Council Publishes Health Plan Legislative Recommendations (PDF) 7 pages. Addresses Patients' Bill of Rights, expanding health coverage for the uninsured, prescription drug coverage under Medicare, mental health parity, retiree health coverage and medical malpractice/tort reform. (American Benefits Council) California HMO Regulator To Assume Post as Governor's Deputy Chief of Staff Excerpt: "California Department of Managed Health Care Director Daniel Zingale is leaving his post to take on a new job as deputy chief of staff for Gov. Gray Davis (D), the Sacramento Bee reports." (KaiserNetwork.org) Links to Items on Executive Comp, Benefits in General Increased Scrutiny of Executive Pay at Tax-Exempt Employers Excerpt: "The IRS recently released two Technical Advice Memoranda (TAMs) concerning section 4958 taxes on excess benefit transactions, reflecting increased IRS scrutiny of tax-exempt organizations' pay practices. TAM 200244028 emphasizes how important it is for board compensation committees at tax-exempt organizations to rely upon appropriate pay data in establishing the pay level of certain executives, referred to as disqualified persons." (Watson Wyatt's Insider) Executive Summary of American Benefits Council Membership Survey (PDF) 3 pages. Addresses health, retirement and general benefit issues. (American Benefits Council) Results of American Benefits Council Survey of Members (PDF) 12 pages. Questions included making EGTRRA changes permanent, investment advice by financial institutions, interest rates used for pension fund calculations, company stock in qualified retirement plans, health insurance for the uninsured, and prescription drug coverage under Medicare. (American Benefits Council) Overview: FASB Issues FAS 123 Transition and Disclosure Rules for Stock Options Excerpt: "The disclosure rules are effective for financial statements for fiscal years ending after 15 December 2002. This means that companies with calendar fiscal years will have to comply with the enhanced disclosure requirements for the period ending 31 December 2002, regardless of whether they have elected to recognize fair value costs under FAS 123." (Mercer Human Resource Consulting) Newly Posted or Renewed Job Openings
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