Under HIPAA, how long does a medical clinic have to maintain a patient's records?

Anyone hear anything about a major firm outsourcing some/most of its actuarial work?

I do some work in benefits, so a friend approached me for advice about a situation. I'm hoping that some others may have ideas as well! Friend's husband had a medical condition that resulted in him receiving short term disability through his employer last year. Shortly after returning to work, his company was bought out by another company (Husband has remained in the same position throughout this ordeal). Several months later, New Company decided to consolidate benefits and moved all Old Company employees to New Company benefits, including STD. Husband then had a recurrence of medical condition and filed for STD. His claims was denied as pre-existing because New Company's policy states that it doesn't cover pre-existing conditions until the employee has been covered by the policy for 12 months. Based on initial conversations with me, Friend and Husband requested SPD, plan document, and any minutes, records, or resolutions during the company sale related to benefits. The company sent a certificate of insurance and the generic communication materials sent to employees (neither of which comply with ERISA SPD content requirements). They declined to send any corporate records; however, they recently told Friend that the broker was to have processed the benefits as a transfer and not a new group. So, now what? The insurance company is following the terms of the policy, the employer is not keen to get involved with the insurance company's decision, and I'm not sure how to help Friend and Husband from here--any thoughts?

1) Aver that DB plans are a scheme to enrich plan sponsors.

http://benefitslink.com/boards/index.php?showtopic=5997

2) Bring up tax law changes or IRS policy.

http://benefitslink.com/boards/index.php?showtopic=18334

http://benefitslink.com/boards/index.php?showtopic=18329

http://benefitslink.com/boards/index.php?showtopic=13702

3) Mention anything about insurance commisions or 412(i) plans.

http://benefitslink.com/boards/index.php?showtopic=27473

http://benefitslink.com/boards/index.php?showtopic=31208

4) Harp on ethics or the lack thereof.

http://benefitslink.com/boards/index.php?showtopic=25810

5) Find creative ways to avoid taxes.

http://benefitslink.com/boards/index.php?showtopic=3510

6) Discuss sports.

http://benefitslink.com/boards/index.php?showtopic=26212

7) Provide an opportunity for stress-relieving, innane babbling.

http://benefitslink.com/boards/index.php?showtopic=25886

http://benefitslink.com/boards/index.php?showtopic=23084

ADP test - told system to print correction report asked it to calculate related match

it told me "You selected correction report, but did not select a correction method"

thus, it doesn't calculate the related match amount.

Relius response: calculat related match is actually a subreport of the refund to HCE, so you have to select both.

Something to watch out for - In the particular plan I have the system can not calculate the related match. it was a 50% match, but the match was stopped midyear. (Per payroll match rather than end of year match) so looking at the deferrals over the whole year it appears there was no related match. however, first in first out, so I have to dummy things up to show the related match. always something to watch out for.

also, it does not appear it helps to selct don't print soc sec number in plan specs, as these reports print them anyway. same hold for nondiscrim reports.

Relius response is that not all reports have bility to supress soc sec numbers. I was not aware of this.

If the only form of distribution under a DC plan is a lump sum how extensive must the RMD provisions be? It seems like the vast majority of the provisions that would otherwise be necessary are completely inapplicable. Take the model amendment for example. The only provisions that are applicable are those on the timing of the distribution. Is a minimalist approach okay?

The plan document allocates contributions as follows:

"Uniform dollar amount for each participant will be determined annually by the board of directors"

I've never adminsitered this type of allocation and have a couple of questions. The employer wants to make this determination quarterly. I don't see that they can do that and still meet the SH. Is this correct?

If the plan provides for contributions to be allocated on compensation only from entry date, how does that come into play w/ this type of formula. If a participant enters the plan 10/1 (calendar year plan), wouldn't his allocation still have to be the same dollar amount as all the other participants to meet this sh formula?

If the Employer has actually made this determination quarterly and because of this one participant (the guy who enters 10/1) gets a dollar amount different than the other participants, have we violated terms of the plan document? We also lose the SH allocation and if there are NHCE's we must test for nondiscrim?

Thanks

Here is my scenario:

A participant originally enrolled for a $1200 annual election in the Health FSA. 2 months into the plan year, the participant gained a dependent and increased their election to $2400. My problem is this - if the participant submits a claim for a date of service within the first 2 months of the plan (when the $1200 election was in effect), but the claim is for more than $1200, can they be reimbursed the full amount since the new election is $2400 (even though the new election was not in effect on the date of service of the claim)?

Also - can anyone direct me to documentation on this issue one way or the other?

Thanks for all your help!

Would a distribution made from a key employee to his ex-spouse pertaining to a QDRO be considered an in-service distribution on behalf of the key employee required to be added back for 5-years when determining the profit sharing plan's top heavy status?

What happens when a safe harbor plan does not meet the notice requirement? Is submitting to the IRS under VCR provisions of EPCRS the only way to resolve the issue?

The sponsor of a small non-standardized MP plan is having financial woes and is looking for ways to save $$$. They currently sponsor a 5% MP plan. The owner wants to maintain that plan, at that funding level, but would like to discontinue accrueing benefits for himself. Since roughly 70% of the annual contribution goes to him, this would be a significant savings. Assuming the document language allows for it, can he waive participation in the plan, even though he has previously met the eligibility requirements?

Thanks

Hi,

Does anyone know where i can find information about retirement plan (defined contribution) regulations in Canada. thanks.

I have been advised that I am to become the point person on international benefits. The problem is that while I know a little about the topic, I do not feel comfortable becoming "the expert" overnight. Can anyone tell me the name of a comprehensive reference work or a seminar I can attend so I can become substantially more knowledgeable about this area? H-E-L-P!!!!!!!

client put in more than 25% of pay before the end of the year.

10% excise tax unless return as mistake of fact by 3/15/06. There is no mistake of fact.

What do you do with the money? Allocate but it's not deductible? Hold till next year and include in allocation and deduction?

thanks

Employer wants to amend the service requirement in SEP plan FROM "service in three of last five years" TO "service during one of the preceding 5 years". By when must the amendment be executed? Is there a cite that I can reference? Thank you.

Can a governmental entity establish a defined benefit plan which is qualified under code section 401(a) if the plan covers only emplloyees who retired prior to the establishment of the plan?

Client currently maintains a 401(k) SH plan on a calendar year basis. They would like to know if they can convert the 401(k) SH plan into a Simple IRA plan this week? Is that possible? If so, what would happen with the 401(k) SH plan and the contributions already contributed for 2006?

Hello experts

Small Business is LLC taxed as a partnership- 3 members/owners receive K-1's.

Two W-2 employees included in plan.

What is considered "compensation" or "wages" for the calculation of employer contributions to defined benefit plan?

Is it the total self employment earnings reported in Box 14 (2005 K-1 form 1065) or is it calculated from the 1040(and if so, what line from 1040 is reported to actuary ?)

or is it some other calculation?

Thank you very much in advance for your response.

Deborah

A sponsor (Company ABC) has two plans ("Company ABC ESOP" and "Company ABC Profit Sharing"), both with 1099-R's and federal withholding. All reporting is done on Company ABC's EIN--the Plan's have no EIN of their own.

Should one set of 1099's with the Company ABC's name AND EIN be issued? (as opposed to using the Plan names on two separate batches)

Should one 945 with Company ABC's name and EIN be filed (as opposed to the respective Plan name)?

In other words, does the Plan name show up anywhere on the 1099's or 945?

If a traditional IRA can be rolled over to a qualified plan, and a distribution from a qualified plan can be rolled over into a conduit IRA and then back into a qualified plan, why can't a SEP IRA be rolled into a qualified plan? Is there a logical reason why? What am I missing?