Welfare Plans Edition
January 8, 2001
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Three Departments Issue Guidance On HIPAA Group Health Nondiscrimination Rules
Excerpt: "HIPAA's nondiscrimination provisions generally prohibit a group health plan or group health insurance issuer from denying an individual eligibility for benefits based on a health factor and from charging an individual a higher premium than a similarly situated individual based on a health factor. Health factors include: health status, medical condition ... claims experience, receipt of health care, medical history, genetic information, evidence of insurability ... and disability." (U.S. Department of Labor press release)
Updated: Questions and Answers on the HIPAA Nondiscrimination Requirements
Excerpt: "The three departments jointly issued initial interim final regulations in April of 1997 which addressed some frequently asked questions and solicited comments on other issues. Subsequently, in January of 2001, the departments jointly issued two separate regulations. These regulations are discussed in detail below." (U.S. Department of Labor)
Proposed Rules Applying HIPAA Nondiscrimination Rules To Bona Fide Wellness Programs (PDF)
15 pp.; "In order to prevent the exception to the nondiscrimination requirements for bona fide wellness programs from eviscerating the general rule contained in the HIPAA nondiscrimination provisions, these proposed regulations impose certain requirements on wellness programs providing rewards that would otherwise discriminate based on a health factor." (IRS, PWBA, Health Care Financing Administration)
Agencies Issue Interim Final Rules for HIPAA Group Health Plan Nondiscrimination (PDF)
44 pp.; "These interim regulations ... explain the application of these provisions to benefits; clarify the relationship between the HIPAA nondiscrimination provisions and the HIPAA preexisting condition exclusion limitations; explain the application of these provisions to premiums; describe similarly situated individuals; explain the application of these provisions to actively-at-work and nonconfinement clauses; and clarify that more favorable treatment of individuals ... is permitted." (IRS, PWBA, Health Care Financing Administration)
The Standard Introduces Debit Card For Disability Payments
Excerpt: "Taking its cue from the stored-value cards that are popular in the retail industry, The Standard insurance company has launched its own card as an alternative to traditional disability payment methods." (insure.com)
Breaking Down The Barriers: Dealing With Non-Physical Disabilities
Excerpt: "Non-physical disabilities like mental illness are the fastest growing category of disabilities today. Plan sponsors have an important role to play in eliminating the stigma and workplace practices that foster these illnesses." (Benefits Canada)
What You Should Know About Medical Leave and the FMLA
Excerpt: "If employers and HR departments don't understand the Family and Medical Leave Act (FMLA), and related Department of Labor regulations, unanticipated legal risk can ensue. Here's a primer on the provisions of the FMLA that you should understand when making medical leave decisions or determining when requests for leave are appropriate." (Attorney Maria Greco Danaher, published by Workforce)
Employers Loosen Up On Pet Peeves, Allow Animals To Work
Excerpt: "Signs that the workplace is becoming more relaxed can be seen everywhere. But there's no surer sign than seeing pets in the office." (Boston Globe)
Disease Management: Next Step in Managed Care (PDF)
Excerpt: "Although still in its early stages, [disease management, or 'DM'] is being promoted by its supporters as a natural step in the evolution of managed care. DM offers the potential for contributing to an employer’s bottom line by helping control costs associated with chronic diseases as it increases employee productivity and improves quality of life." (Aon Consulting)
Health Privacy Regulations Issued (PDF)
Excerpt: "The Department of Health and Human Services (HHS) has issued long-awaited final regulations designed to protect the privacy of individually identifiable health information ... Although these privacy standards directly apply only to health care providers, health plans, and health care clearinghouses, they will also affect employers as plan sponsors and vendors as 'business associates.'" (Aon Consulting)
Hard to Come By: Health Insurance for the Early Retiree
Excerpt: "Less than one-third of companies are providing retiree health benefits to people under 65, according to a survey by William M. Mercer, a benefits consulting company. That compares with 46 percent in 1993." (New York Times; free registration required)
Persistence Pays Health Claims
Excerpt: "Late payments and nonpayments by insurers are plaguing not only doctors and other providers but also individuals, as the insurers are increasingly asking their customers to pay doctor bills themselves and then file claims for reimbursement." (Washington Post)
Independent Medical Review in California: Consumer Information
Excerpt: "Effective January 1, 2001 the Department of Managed Health Care (DMHC) will submit appeals concerning denial of treatment and medical care to an Independent Medical Review Organization (IMRO)." (California Department of Managed Health Care)
(Following also appears in Retirement Plans Edition)
Overview of Pending Benefits Class Actions in Canada
Excerpt: "Class action suits are on the rise as disgruntled employees and pensioners band together to take on their employers. Is your organization in danger?" (Benefits Canada)
Developing Expatriate Remuneration Packages (PDF)
Excerpt: "Expatriates are US citizens (and taxpayers) who are on relatively short-term assignments abroad-- three to five years-- with the expectation that they will return to the US to finish their working careers. Once the organization establishes the broad terms and conditions of the expatriate assignment ... it must turn its attention to developing the remuneration package-- the cash and employee benefit components." (Aon Consulting)
VA Warns Veterans About Scam to Purchase Benefits
Excerpt: "Acting Secretary of Veterans Affairs (VA) Hershel W. Gober warned veterans about a financial scam that offers lump-sum payments in exchange for monthly VA disability checks or pensions." (Yahoo! Finance)
| Employee Benefits Trust Officer | for Michigan National in MI |
| EMPLOYEE BENEFITS TRUST OFFICER | for Regions Bank in AL |
| Audit and Benefit Plan Administrator | for Citizens Bank and Trust Company in IA, IL, IN, KS, KY, MI, MN, MO, NE, OH |
| Director of Marketing and Client Management | for Citizens Bank and Trust in IA, IL, IN, KS, MI, MN, MO, NE, OH |
| Director of Operations | for AW Forrester in OK |
| Benefits Consultant in Northern New Jersey | for Clark Bardes Consulting/ Compensation Resource Group in NJ |
| ERISA Insights | in LA on May 31, 2001 presented by McKay Hochman Co., Inc. |
| ERISA Insights | in MA on June 5, 2001 presented by McKay Hochman Co., Inc. |
| ERISA Insights | in IL on July 31, 2001 presented by McKay Hochman Co., Inc. |
| ERISA Insights | in MD on November 19, 2001 presented by McKay Hochman Co., Inc. |
| HIPAA Workshop: What You Need To Know To Steer Clear Of Problem Areas | in CA on January 24, 2001 presented by The Los Angeles Chapter ISCEBS |
| Introduction to ESOPs Workshop | in CA on March 15, 2001 presented by National Center for Employee Ownership |
| Corporate Mergers and Acquisitions | in CA on March 8, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
| Corporate Mergers and Acquisitions | in DC on September 13, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
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