| The BenefitsLink Newsletter - Welfare Plans Edition |  |
April 11, 2001
Today's sponsor: The Plan Correction Answer Book (click)
Have questions about ... qualification failures, when and how to correct, a plan's right to participate in EPCRS? You'll want The Plan Correction Answer Book. It's a comprehensive guide to the IRS remedial programs, written by attorneys Fred Reish and Bruce Ashton, of Reish Luftman McDaniel & Reicher. Click on the link to order!
Tragedies Spawn Flurry of Privacy Protection Bills in New Hampshire
Originally published March 4, 2001. Excerpt: "Growing public anger over such tragedies ... has prompted New Hampshire lawmakers to file a host of privacy protection bills this session. The bills are varied and decision-making complex because issues of privacy need to be weighed against the needs of commerce and law enforcement, and because the proposed laws may duplicate or run counter to powerful new privacy protection laws on the federal level." (The Union Leader via MSNBC.com)
General Explanations of the Administration's Fiscal 2002 Year Tax Proposals (PDF)
Includes provisions regarding health insurance, long-term care, flexible spending accounts, use of IRAs for charitable purposes, and extension of the exclusion for employer-provided educational assistance. This does not include the pension provisions, which are being considered separately. You can find an update on the status of pension legislation at http://benefitsattorney.com/links/Legislation/2001_Pensions_Legislation (Department of the Treasury)
9th Circuit: FMLA Protects Undesignated, But Otherwise Qualifying, Unpaid Leave
Rowe v. Laidlaw Transit, Inc. (9th Cir. April 4, 2001). Excerpt: "This appeal presents the question of how undesignated, but otherwise qualifying, unpaid leave is treated under the Family Medical Leave Act. We conclude that such leave is entitled to statutory protection and affirm the district court." (FindLaw.com)
3d Circuit: ERISA Preempts State Law Claim That HMO Was Negligent
Pryzbowksi v. U.S. Healthcare, Inc. (3d Cir. March 27, 2001). Excerpt: "[T]he ultimate distinction to make for purposes of complete preemption is whether the claim challenges the administration of or eligibility for benefits, which falls within the scope of [ERISA section] 502(a) and is completely preempted, or the quality of the medical treatment performed, which may be the subject of a state action." (United States Court of Appeals for the Third Circuit)
Pennsylvania Court Says ERISA Does Not Preempt State Law Claim That HMO Was Negligent (PDF)
Excerpt: "On June 19, 2000, the Supreme Court entered an order granting certiorari in Pappas I, vacating the judgment of this court, and remanding the case for our further consideration in light of Pegram v. Hendrich ... For all the reasons that follow, we adhere to our original opinion and order.... [Plaintiffs claim the HMO] was negligent in causing an inordinate delay in transferring [a patient] to a facility equipped and immediately available to handle his neurological emergency." (Supreme Court of Pennsylvania)
Conn. Attorney General: Suing HMOs Can Bring Results
Excerpt: "Our landmark lawsuit against four major HMOs put Connecticut soundly on record - and on the map - in support of health insurance reform. It was the first such court action by any state to seek comprehensive, fundamental change in the industry and stop HMO abuses. It promptly ignited controversy - defensive denunciations by the industry and political attacks on me, but active acclaim from patients and doctors." (Hartford Courant)
Christian Activists Gear Up for Referendum on Overturning Maine Employees' Domestic Partner Benefits
Excerpt: "Christian activist groups began organizing Monday for a possible referendum to overturn Maine's new policy of providing domestic partner benefits for state employees. The Ad Hoc Committee for Marriage and Family, whose formation was announced at a State House news conference, is also targeting a bill before the Legislature that seeks to extend health coverage to more domestic partners of workers in private businesses." (BenefitsLink)
Tribune Co. To Provide Domestic Partner Benefits
Excerpt: "Effective next January, the Tribune Co. is opening its health insurance and welfare benefits to both the same-sex and the unmarried heterosexual domestic partners of employees in all its business units, including its daily newspapers. The change comes about a year after Chicago-based Tribune -- which had not offered domestic-partner benefits despite years of lobbying by gay journalists and other employees -- bought Times Mirror Co., which offered the benefits." (EditorandPublisher.com via Yahoo! News)
ABC News Public Poll Shows Covering Uninsured a Higher Priority Than Tax Cuts
Excerpt: "A majority of Americans would prefer that the federal government spend more money on health care for the uninsured than 'see it cut their own income taxes,' according to a ABCNews.com poll." (KaiserNetwork.org)
Tax Credit Proposal to Expand Health Coverage Must Deal With Risk Selection, Experts Say
Excerpt: "Without either a mechanism to group risks - similar to large employers - or significant reforms to the individual health insurance market, older and sicker people using health insurance tax credits couldn't obtain affordable coverage, according to an expert panel today at a conference sponsored by the Center for Studying Health System Change (HSC)." (Center for Studying Health System Change)
Robert Reich: the Case (Once Again) for Universal Health Care
Excerpt: "Forget a tax cut, other than an immediate one-year stimulus that puts money into the hands of people earning less than $50,000 a year. Forget paying down the debt. Use the federal surplus for universal health insurance." (The American Prospect)
Getting Real: Timely Ways to Insure the Uninsured
Includes audio and Powerpoint clips from a April 6, 2001 conference. (Alliance for Health Reform)
Newly Posted or Renewed Job Openings (Post Yours!)
| Director of Client Services | for Universal Pensions, Inc. in MN |
| Retirement Administrator | for Delaware Investments in PA |
| Payroll Project Manager | for Fidelity Investments in TX |
| ERISA Specialist | for Transamerica Life Companies in CA |
| Compensation Manager (BL-SJCORP6922) | for Sony Electronics Inc. in CA, NJ |
| Senior Actuarial Benefit Consultant | for Fidelity Investments Defined Benefit Implementation Group in MA |
| Pension Consultant - Employer Plan Services | for MetLife/New England Financial in MA |
| Calculation Developer | for Fidelity Investments Defined Benefit Implementation Group in MA |
| Entry-level Pension Analyst | for Louis Kravitz & Associates, Inc. in CA |
| Director of Compliance | for Fidelity Investments in UT |
Newly Posted Conferences (Post Yours!)
| Advanced Law of Pensions, Welfare Plans, and Deferred Compensation | in CA on July 9, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
| Annual Fall Employee Benefits Law and Practice Update | in ALL STATES on September 20, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
| Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers | in DC on September 13, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
| Advanced Employment Law and Litigation | in DC on November 29, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
| Current Developments in Employment Law | in NM on July 26, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
| Insurance Coverage in the New Millennium | in NY on October 11, 2001 presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education) |
Newly Posted Press Releases
| SYLINQ Launches Net*LINQ (TM) 4.0 (SYLINQ Corporation) |
| Hobbs Group Subsidiary Standardizing On Insurance-Engine For Large Case Employee Benefits Procurements (IE-Engine Inc.) |
| Mazonson Completes Web-based Insurance Transaction for NewsEdge (IE-Engine Inc.) |
| Internet health care players form strategic alliance (IE-Engine Inc.) |
| Employee Benefit Source conducts online employee benefits e-marketplaces (IE-Engine Inc.) |
| IE-Engine releases online group benefits marketing product - New web-enabled service allows brokers, carriers and clients to negotiate complex group insurance offerings. (IE-Engine Inc.) |
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