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April 11, 2003 - 8,101 subscribers
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IRS: Tax Trouble Ahead for Some Purported Collectively Bargained Welfare Benefit Funds
Notice 2003-24. Excerpt: "The Internal Revenue Service and the Treasury Department have become aware of certain arrangements purporting to qualify as collectively-bargained welfare benefit funds excepted from the account limits of § 419 and § 419A of the Internal Revenue Code. This notice alerts taxpayers and their representatives that the tax benefits purportedly generated by these transactions are not allowable for federal income tax purposes." (Internal Revenue Service)

Hospitals Partly Blame Insurers for High Health Insurance Premiums
Excerpt: "Health spending alone does not account for all of the recent steep increases in health insurance premiums, according to a study released Thursday by the hospital industry." (Reuters Health via Yahoo! News)

Increase in Health Premiums Has Surpassed Health Cost Increases, Study Says
Excerpt: "Increases in health insurance premiums over the past few years have exceeded increases in health care costs, according to a report released April 10 by the American Hospital Association and the Federation of American Hospitals, CongressDaily reports." (KaiserNetwork.org)

Lawsuit Filed Against HIPAA Privacy Rules
Excerpt: "Patients' groups and privacy advocates went to federal court in Philadelphia yesterday to try to block a new health privacy law that is to take effect Monday. They charged that the new law will give insurance companies, drug companies and police more access to individual medical records." (The Philadelphia Inquirer)

Strategies for Relieving the Financial Pressure on Multiemployer Health Funds (PDF)
Excerpt: "[T]rustees can take some of the pressure off health funds through a combination of customized cost management strategies that can be grouped into three categories: Vendor management; Plan management; and Individual health management." (The Segal Company)

Who Pays Damages When COBRA Coverage Is Improperly Denied?
Excerpt: "Once again, the real world reminds us of the importance of following fundamental procedures when administering COBRA continuation coverage. In a recent case, an employer, its third party administrator, and the carrier all ended up in appeals court, defending themselves against charges of improperly denying COBRA benefits to a qualified beneficiary." (OnQue Technologies, Inc.)

To RICO or Not to RICO: Supreme Court Says Arbitrators Get to Decide
Excerpt: "PacifiCare Health Systems, Inc. v. Book, No. 02-1730 (S. Ct., April 7, 2003). Physicians' claims that managed-health-care organizations violated the Racketeer Influenced and Corrupt Organizations Act (RICO) can be compelled to arbitration. Questions as to remedial provisions in an arbitration agreement and availability of RICO treble damages are premature." (FindLaw.com)

6th Circuit: No Cigar for Plaintiffs Suing Tobacco Company Over Increased Health Insurance Premiums
Excerpt: "Health insurance subscribers who allege that an insurer has passed along to them increased costs of treating smoking-related injuries, in the form of higher insurance premiums, cannot show that they have been proximately injured by defendant tobacco companies' conduct." (FindLaw.com)

Fulton County, Georgia, Weighs Domestic Partner Benefits
Excerpt: "Some gay and unmarried heterosexual Fulton County employees would be able to get health insurance and other benefits for their partners under a proposal to be considered by the County Commission next week." (The Atlanta Journal-Constitution)

Analysis: Infertility and Prescription Contraceptive Coverage Under Employer Health Plans (PDF)
At pages 1 through 3 of the linked 8-page document. (Nixon Peabody LLP)

Nevada Bill Would Require Some Employers To Offer Health Coverage to Employees
Excerpt: "The Nevada Assembly Commerce and Labor Committee on April 9 heard testimony on a bill (AB 356) that in part would require large grocery stores to provide employees with health insurance or repay the state for provided medical care and face revocation of operating permits, the AP/Las Vegas Sun reports." (KaiserNetwork.org)

Audio Report: Asheville, N.C., Effort Focuses on Health Care for Uninsured
Excerpt: "Some 40 million people in the United States don't have health insurance and can't afford medical care. Those who don't qualify for Medicaid and are too young for Medicare often find a trip to the doctor unaffordable. Doctors in Asheville, N.C., devise a plan called Project Access to provide health care for the uninsured. Adam McMullin of member station WCQS reports.' (Apr. 10, 2003) (National Public Radio)

Opinion: To Solve America's Healthcare Crisis, Think Small
Excerpt: "The disruptive innovations inherent in today's health reform debate do not come from the ivy towers or from inside Washington's beltway. Instead, they are found on Main Street, in literally hundreds of communities, each focused on designing coordinated systems of care." (Hudson Institute)

Comparing Medicare and Private Insurers: Growth Rates in Spending Over Three Decades
Excerpt: "Over the past three decades both Medicare and private insurers have initiated cost containment mechanisms to control the growth of spending on personal health care. To compare spending growth between these two payers, we present four measurement principles that should be implemented when drawing such comparisons, and we apply them to the National Health Accounts data files." (The Urban Institute)


Links to Items on Executive Comp, Benefits in General

BenefitsLink Search Engine Improved
We've tweaked some settings on the new search engine ... if you have tried the new search engine and you've been disappointed, please give it another try. The old search engine worked better in some ways, but we can't continue using the old search engine due to an operating system upgrade (progress, doncha know?) ... if the new search engine still is unacceptable to a significant number of our readers, we'll work to find and install an even better one. Thanks! (BenefitsLink)

Eighth Circuit Upholds Award of $7.2 Million To Employees Denied Benefits Under Phantom Stock Plan
The Eighth Circuit U.S. Court of Appeals has upheld a jury award of nearly $7.2 million to two employees who were terminated and denied compensation under the employer's phantom stock plan. The case is Emmenegger, et al. v. Bull Moose Tube Company, et al. (Nos. 02-2088 and 02-2089). (SpencerNet)

Link to Written Statements at Senate Finance Committee Hearing on Enron Executive Comp Issues
April 8, 2003. Witnesses included Mary M. Schmitt, Joint Committee on Taxation; Pamela Olson, Department of the Treasury; Charles E. Essick, Towers Perrin; Kathryn J. Kennedy, the John Marshall Law School; and Bruce J. McNeil, Dorsey & Whitney. (U.S. Senate, Committee on Finance)


Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Director - Defined Contribution Compliance
for AIG VALIC
in TX

Benefits Administrator
for ALLTEL - Little Rock, Arkansas
in AR

Vice President, Retirement Plans Sales & Marketing
for Standard Insurance Company
in OR
Newly Posted Webcasts
(Post Yours!)

DC Plan Administrators Advocate Duo 403(b), 457 Offerings in May 8 Webcast
on May 8, 2003
presented by National Association of Government Defined Contribution Administrators, Inc.
Newly Posted Press Releases
(Post Yours!)

Rob DiMase Promoted to VP, Finance, and Treasurer of Sentinel Benefits
(Sentinel Benefits)

Sentinel Benefits Brings on Seasoned Consultants to Round out Sales Team
(Sentinel Benefits)

DC Plan Administrators Advocate Duo 403(b), 457 Offerings in May 8 Webcast
(National Association of Government Defined Contribution Administrators, Inc.)

Leading Manufacturer Hydromat Counts on Ceridian Integrated, Web-based Solutions to Ease Administrative Burdens
(Ceridian)

Cypress Capital Addresses Medical Coverage Needs of Louisiana Employers
(Cypress Capital Management, LLC)

Minnesota Representative Drops Attempt To Repeal MN Data Collection Law
(Citizens' Council on Health Care)

Council applauds introduction of Portman and Cardin's Pension Preservation and Savings Expansion Act of 2003
(American Benefits Council)

DOL Announces Extension of Mental Health Parity Act Rules
(U.S. Department of Labor, Employee Benefits Security Administration)


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