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The BenefitsLink Newsletter -
Welfare Plans Edition
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April 10, 2001
Today's sponsor: HRnext.com (click)


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April 14 HIPAA Regulations Effective Date Will Not Be Met, HHS Secretary Says
Excerpt: "Sweeping patient privacy rules issued by the departing Clinton administration face further delays ... Health and Human Services Secretary Tommy Thompson said the department would not be able to meet the April 14 deadline it had set to review the medical privacy rules aimed at giving patients more control over their records and imposing stiff new penalties for unauthorized distribution." (Reuters via Excite News)

Bush Administration To Revise Medical Privacy Rules; Consumer Privacy Rights Going Out the Window?
Excerpt: "There is some question whether the Administration can legally delay the rules beyond April 14. Lawyer Ronald Weich of the ACLU believes that it would not be lawful for HHS to do so, and is considering joining with the American Psychoanalytic Association in a lawsuit to prevent further delay." (National Coalition for Patient Rights)

HHS Says Privacy Rule Delay Likely
Excerpt: "HHS Secretary Tommy Thompson said he would most likely delay the April 14 effective date of controversial medical-records privacy regulations ..." (Modern Healthcare)

Can e-Health Plans Control Employer Costs?
Excerpt: "In spite of these increases--and projections of further increases in the same or higher range--employers appear to be skeptical of dramatic changes in the employer-based system. From the employee's perspective, 68 percent of Americans say they like the composition of wages and health insurance they have, according to Employee Benefit Research Institute data. Studies and surveys show employees want to have employers involved in health care ..." (Deloitte & Touche)

Companies, Universities Moving Toward E-Learning
Excerpt: "Worldwide revenues in the corporate e-learning market will surpass $23 billion by 2004, according to International Data Corp. (IDC). Not too bad when you consider the market was less than $2 billion at the end of 1999." (Internet.com)

Mailing COBRA Election Notice Not Enough If Administrator Knows That Addressee Didn't Get It
Wooderson v. American Airlines, Inc. (N.D. Tex. 2001). Excerpt: ". Courts have found that a good faith effort has been made if the election notice is sent by first-class mail to the qualified beneficiary's last-known address. However, this case points out the obvious: where a plan administrator actually knows that a qualified beneficiary has not received his or her election notice, they should resend it or make other reasonable efforts to provide the notice." (EBIA Weekly)

Florida Supreme Court Won't Hear Challenge To Broward County Domestic Partnership Law
Excerpt: "The state Supreme Court declined to hear arguments on a domestic partnership law allowing unmarried partners to receive some of the same benefits as married couples." (MSNBC.com)

Domestic Partner Benefits Becoming More Widespread
Excerpt: "A rockslide started a few years ago by a handful of companies offering domestic partner health care benefits to their employees has turned into an avalanche. In just the first quarter of this year, more than 20 Fortune 500 companies -- as many as in all of last year -- have either adopted such policies or announced they plan to do so by July 1." (Reuters via Yahoo! News)

Working Single Parents Find Child Care a Major Problem
Excerpt: "Child care is a major problem for all parents, but especially for single parents. [Single parent SoLita] Greene spends 15 percent of her take-home pay on child care and must continually make adjustments for her children's schedules." (Chicago Tribune)

How to Spot an Unlicensed Insurer
Excerpt: "insurance companies and their agents, as well as independent insurance brokers, must be licensed in each state they sell insurance. So how is it that unlicensed insurance companies can operate undetected, sometimes for a year or more?" (insure.com)

Aetna Announces Higher-than-Anticipated Medical Costs
Excerpt: "Aetna today announced that first quarter 2001 results are expected to be significantly lower than current First Call estimates, as a result of increased medical costs due to higher utilization of health care services in fourth quarter 2000 and first quarter 2001." (Aetna press release via Yahoo! Finance)

Surprise! U.S. Ranks No. 1 For Job/Life Balance
Excerpt: "If you're a woman who wants to rise to the top, what country would be the best for you to work in? Where are employers most supportive about work/life balance? You have three choices: The United States, Canada or the United Kingdom [ -- three countries that were countries were studied by Catalyst, a nonprofit research organization based in New York that is known for its work to advance women]." (Chicago Tribune)

What's the ROI on Work/Life Programs? (PDF)
Vol. 25, No. 1, 2001. The Segal Company's most recent Executive Letter discusses how employers can quantify the impact of work/life initiatives on an organization's bottom line. (The Segal Company)

(Following items also appear in Retirement Plans Edition)


Ninth Circuit Offers "Safe Harbor" Language to Grant Discretion to Plan Administrator
Ingram v. Martin Marietta Long Term Disability Income Plan for Salaried Employees of Transferred GE Operations (9th Cir. 2001). Excerpt: "With this opinion, the Ninth Circuit joins the Seventh Circuit in offering 'safe harbor' language which, if included in an ERISA plan, will be sufficient to trigger the deferential arbitrary and capricious standard of review." (EBIA Weekly)

Benefits in Brief: March 2001 Issue (PDF)
Articles include: IRS Proposes New Minimum Distribution Rules; Department of Labor Issues Guidance on Plan Expenses; Supreme Court's Decision Not to Hear Erie Case; Failure to Provide Notice of Reduced Future Retirement Benefits in Summary Plan Description Violated ERISA's Disclosure Requirements; Notice of Domestic Relations Order Immediately Before Participant's Death Was Sufficient to Enforce Post-Death QDRO; IRS Enhances Plan Correction Programs; IRS Issues Final COBRA Regulations; more. (Morgan Lewis & Bockius LLP)

Simply Asking Is Found to be Substantial Compliance with Plan's Beneficiary Change Rules
Sun Life Assurance Co. of Canada v. Richardson (E.D. La. 2001). Excerpt: "This is an unusual case in that the court found substantial compliance even though the participant merely asked for the forms. The result in this case is based upon the very specific facts of the participant's situation. Other courts have found that merely asking for a change in beneficiary form is not enough to change a life insurance beneficiary." (EBIA Weekly)




Newly Posted or Renewed Job Openings (Post Yours!)
Payroll Project Manager for Fidelity Investments
in TX
Manager, Employee Benefits Tax Consulting for Deloitte & Touche, LLP
in NC
Retirement Services Communication Specialist for Principal Financial Group
in TX
401(k) Consultant for Louis Kravitz & Associates, Inc.
in CA
Project Manager for Fidelity Investments
in TX
Employee Benefits Consultant for Fidelity Investments
in TX
Pension Administrator for Ed Ferguson & Associates, Inc.
in IN
REGIONAL ENROLLMENT MANAGERS for Diversified Investment Advisors
in CA, FL, GA, IL
401(k) Administrator for R-Tech Consultants, Inc.
in CA
Employee Benefit Consultant for Benefit Consulting Group, L.L.C.
in NY
Benefits Professional for Hunt Oil Company
in TX
401(k) Pension Administrator for Benefits Integrity
in CO
Training Specialist for New York Life Benefit Services LLC
in MA



Newly Posted Conferences (Post Yours!)
Fundamentals of Qualified Plans in KS, MO on June 6, 2001
presented by SunGard Corbel
Regulatory Update and Form 5500 Workshop in MA on May 7, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
Regulatory Update and Form 5500 Workshop in IL on June 25, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
Regulatory Update and Form 5500 Workshop in CA on May 17, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
Form 5500 Workshop in NC on June 18, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
Form 5500 Workshop in PA on June 20, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
Form 5500 Workshop in TX on June 22, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
Form 5500 Workshop in MN on June 28, 2001
presented by International Foundation of Employee Benefit Plans in conjunction with the U.S. Department of Labor
14th Annual Cincinnati Employee Benefits Conference in OH on June 7, 2001
presented by IRS, the Cincinnati Bar Association, and the Cincinnati Regional Office of the Department of Labor

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