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The BenefitsLink Newsletter -
Welfare Plans Edition
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May 23, 2001
Today's sponsor: Employee Benefits Webcast (click)


   Webcast coming up May 30!  FMLA: The Family and Medical
Leave Act -- "It's Not Getting Any Easier."   Instructor: Christine E. Howard, Esq. and Jennifer B. Sandberg,
Esq., Fisher & Phillips LLP.  Presented by Human
Resource Consultants.   Click to register and purchase this webcast through BenefitsLink!

Will Biometrics Advance As HIPAA Moves Ahead?
Excerpt: "After confronting the Y2K problem, IT managers in the massive health care industry now face a new challenge: They must implement federally mandated privacy regulations under the Health Insurance Portability Act (HIPPA)." (CNN.com)

HMO's 'Mixed' Preauthorization Decision Does Not Invoke ERISA Preemption
(Analysis of Pappas case.) Excerpt: "In a final resolution of a case that went all the way to the U.S. Supreme Court-- and has onerous implications for ERISA plan sponsors -- an HMO's refusal to authorize a plan beneficiary's transfer to an out-of-network hospital was a mixed eligibility and treatment decision that was not deemed to invoke ERISA preemption. Therefore, the Pennsylvania supreme court reaffirmed its earlier holding that state-law negligence claims against the HMO were not preempted." (Thompson Publishing Group)

Supreme Court Declines Request to Overturn 11th Circuit Decision Invalidating DOL FMLA Regulation
Brungart v. BellSouth Telecommunications Inc. (S. Ct. No. 00-1383, cert. denied 5/21/01). From the 11th Circuit decision: 'We understand the Department's motive, which is to further the goals of the act by forcing employers to respond to leave requests within a reasonable period of time. But when an administrative agency seeks to improve legislation by altering the basic coverage provisions that Congress has written into the law, it has gone too far." (FindLaw.com)

Same-Sex Benefits Backer at University of Pittsburgh Looks at Her Experience
Excerpt: "If partners of gay employees at the University of Pittsburgh eventually get health benefits, the woman who sued to make it happen won't be there to sign up. That's because a lot has changed in Deborah Henson's life since a trip to the campus personnel office in 1994 led to a civil rights battle heard around the state." (Pittsburgh Post-Gazette)

Opinion: Minnesota Legislature Should Approve Ventura Plan for Domestic Partner Benefits
Excerpt: "Before the 2001 session is over, the entire Legislature should stride forward on the path of justice and fully support Ventura's domestic partner plan." (StarTribune.com)

Patients, HMOs Battle Over Rights
Excerpt: "Patients' rights advocates argue that a federal law outlining rights would make insurers more responsive to their clients, especially if HMOs were more liable to being sued for damages." (Atlanta Journal-Constitution)

Boston Medical Center Turns to Lawyers for a Cure
Excerpt: "[A] staff of three lawyers, right in the hospital -- and on 'walk-in Mondays,' right in the pediatrics clinic -- now fights the legal and administrative battles that the doctors deem necessary to improve children's health in ways that pills and surgery cannot. The program, which goes far beyond the social work that hospitals customarily provide, is all but unique nationwide, but doctors here say they hope it becomes a model." (New York Times; free registration required)

Alternative-Treatment Trend Raises Insurance Issues
Excerpt: "The reality is that there is a lot that is not known about the effectiveness of various alternative therapies. Despite growing demand for these services by the public, and the eager response of the insurance industry to meet that demand, the verdict is still out." (Los Angeles Times)

AMA Official Stumping for Patients' Bill of Rights
Excerpt: "It's time for Congress to pass a patients' bill of rights that will really work, a top official with the American Medical Association said yesterday in Manchester [N.H.]" (MSNBC.com)

New from EBRI: Employment-Based Health Benefits: Trends and Outlook
This Issue Brief discusses recent trends in and the future of employment-based health insurance benefits. It presents recent trends in sources of health insurance, access to health benefits, changes to benefit packages, and retiree health benefits. It discusses the reasons underlying the trends, presents the outlook for employment-based health insurance benefits, and includes a discussion of defined contribution health benefits. (Employee Benefit Research Institute)

Welcome to new BenefitsLink advertiser AFLAC
'If you think your current health insurance will pay for every expense associated with an accident or illness. It's time for a financial checkup! Even the best health insurance plan can leave you vulnerable to unpaid expenses. That's why over 174,000 payroll accounts have turned to AFLAC for our full range of employee-funded, supplemental insurance plans and Section 125 services."

(Following items also appear in Retirement Plans Edition)


Opinion: Exodus CEO Helps Separate 'Men From the Boys'
Excerpt: "Since [Ellen Hancock] became CEO [of Exodus Communications Inc.] in 1998, the Santa Clara, California-based Internet services provider has delivered shareholders a total return almost eight times better than that of the Standard & Poor's 500 Index." (Graef Crystal, on Bloomberg.com)

Census 2000 Data Shows Characteristics of National Population (PDF)
Excerpt: "This Bulletin notes key findings of interest to employers and other sponsors of benefit plans." (The Segal Company)

It Pays to Take Stock of Private Employers Before Accepting Stock Options
Excerpt: "Small private companies have a high failure rate. In fact, about 90% fail within the first five years for reasons ranging from bad management to competition, poor timing, insufficient capital and incompetent execution. Therefore, before accepting a job at a small company (most of which are also private companies), be realistic. Don't think it will be a smooth ride. Most likely, it will be a roller coaster. But if things work out, the upside can be huge." (CareerJournal.com)




Newly Posted or Renewed Job Openings (Post Yours!)
Employee Benefits Consultant for Fidelity Investments
in KY, OH
Benefits Analyst for Safeway Inc.
in CA
Retirement Plan Coordinator for CBIZ Benefits and Insurance Services, Inc.
in PA



Newly Posted Press Releases
VPA, INC. OFFERS ONLINE ABSENCE AND DISABILITY MANAGEMENT SERVICE CAPABILITIES WITH VPAWEB (VPA, Inc.)

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