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The BenefitsLink Newsletter -
Welfare Plans Edition February 13, 2001 You may freely distribute this email newsletter in whole This issue is free, thanks to today's sponsor: The International Quality & Productivity Center (click on banner for more information) BENEFITS 2001 CONGRESS: How to Increase Customer Satisfaction & Leverage Your Benefits Dollars March 26-27, 2001 Scottsdale, AZ For more information call 1-800-882-8684, or visit http://www.iqpc.com/b156benefits2001
Both Sides Slam HIPAA Privacy Regulations Excerpt: "Officials of the health insurance industry, among the biggest backers of George W. Bush's White House campaign, are pressuring the new president to roll back privacy rules for patient medical records announced by Bill Clinton during his final days in office. On the other hand, some privacy advocates, including freshman Sen. Hillary Rodham Clinton, D-N.Y., contend that the former president did not go far enough in safeguarding patients ..." (Sacramento Bee) A Churchlike Name Does Not a Church Plan Make Analysis of Lown v. Continental Casualty Co. (4th Cir. 2001). Excerpt: "After the federal district court upheld the insurer's denial of benefits, the employee appealed arguing that the court lacked jurisdiction because the disability plan was a church plan exempt from ERISA.... The employee, [the Court of Appeals] found, had failed to demonstrate that Baptist Healthcare was either controlled by or associated with a church or convention or association of churches." (EBIA Weekly) COBRA Coverage Retroactively Terminates for Failure to Pay Initial Premium on Time Analysis of Goletto v. W. H. Braum, Inc. (10th Cir. 2001). Excerpt: "COBRA does not, after all, require retroactive termination for non-payment of the initial premium. Rather, the COBRA statute merely permits early termination of COBRA coverage on '[t]he date on which coverage ceases under the plan by reason of a failure to make timely payment of any premium required under the plan with respect to the qualified beneficiary." (EBIA Weekly) HMO Asks Supreme Court To Rule On ERISA Preemption Of State Independent Review Laws Excerpt: "Rush Prudential HMO has filed a petition with the U.S. Supreme Court seeking review of the decision of the Seventh Circuit U.S. Court of Appeals in Moran v. Rush Prudential HMO, Inc.... In the case, the Seventh Circuit held that ERISA did not preempt a beneficiary's claim under Illinois' Health Maintenance Organization Act seeking to require Rush Prudential to provide an independent review of whether a proposed course of treatment for the beneficiary was 'medically necessary.'" (Spencernet) 11th Circuit Addresses Standard of Review and "Leasing" of Provider Discounts Analysis of HCA Health Services of Georgia, Inc. v. Employers Health Ins. Co. (11th Cir. 2001). Excerpt: "This case offers an interesting and detailed view of provider discount practices, as well as a step-by-step application of the Eleventh Circuit's analysis of standard of review. On the discount issue, the court's analysis is tied to the specific language in the plan documents and the contracts in issue ..." (EBIA Weekly) Opinion: Let's Not Rush the HMO Bill Excerpt: "The nation does not need any more incentives for lawyers to play the punitive-damages lottery. Some states (Alabama, for instance) are notorious for generous juries and plaintiff-favoring legal rules; a plaintiff's lawyer suing a multi-state HMO would try to file in the most favorable state he could and would bend every rule to do so. Among other things, Bush has said he would like all lawsuits to be confined to federal court, with a $750,000 damage limit." (Boston Herald) Senate Patients' Rights Bill Would Allow Patients To Sue HMOs, But Would Shield Employers Excerpt: "Thirteen senators, led by Sens. John McCain (Ariz.) and Edward Kennedy (Mass.), have introduced a bipartisan patients' bill of rights package.... the legislation would shield employers from liability unless they directly participate in claims decisions that result in injury or death." (Spencernet) Health Insurance Industry Not Feeling Well Excerpt: "Cigna Corp., the nation's third-largest managed-care company, said Friday that a softening economy could harm the employee benefits industry this year as businesses thin their ranks and consider paring health coverage." (Chicago Tribune) Health Care Is Theme of Sen. Clinton's First Floor Speech Excerpt: "In her first address from the floor of the United States Senate, Hillary Rodham Clinton today offered a broad agenda of health care initiatives, casting herself as a moderate on the very issue that resulted in one of her most embarrassing defeats as first lady." (New York Times; free registration required) Kaiser Foundation Publishes Archive of Public Opinion on Health Issues Excerpt: "Health Poll Search is a searchable archive of public opinion questions on health issues that allows users to know what Americans think about health issues, as well as what Americans have thought about health issues over time." (KaiserNetwork.org) Patients' Bill of Rights is Scary for Employers Excerpt: "If a patients' bill of rights opens up self-insured companies to liability, an increasing number of employers say they're more likely to drop health plans for their workers, according to a new study." (Chicago Tribune) New Fact Sheet From DOL: Your Employer?s Bankruptcy-- How Will It Affect Your Employee Benefits? Excerpt: "When your employer files for bankruptcy you should contact the administrator of each plan or your union representative (if you are represented by a union) to request an explanation of the status of your plan or benefits.... Questions that you might want to ask include..." (U.S. Department of Labor) Outside Board Members Earnings Record Sums Excerpt: "The average total compensation for outside board members of S&P 500 companies has set a record high, increasing to an average of $100,807 in 2000, according to a recent study by New York-based global management consulting firm, Towers Perrin." (CFO.com) Newly Posted or Renewed Job Openings (Post Yours!)
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