BenefitsLink Health & Welfare Plans Newsletter for June 11, 2001

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The BenefitsLink Newsletter -
Welfare Plans Edition

June 8 - 11, 2001

Today's sponsor: 4myBenefits (click)

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(513) 891-6726

Federal Lawmakers Renew Push for Genetic Discrimination Bill
Excerpt: "'We are through waiting,' said Senate Majority Leader Tom Daschle, D-S.D., the lead sponsor of the 'Genetic Discrimination in Health and Employment Act' in the Senate. 'It's time for our laws to catch up with our science. We can't take one step forward in science but two steps back in civil rights,' he said." (Medscape; free registration required)

Stuck in the Middle: Health Plans for Mid-Sized Companies
Excerpt: "At that curious point between big and small, midsized employers face a unique set of dilemmas. Among the strategic decisions they make, choices over the procurement, administration and communication of group medical benefits are the trickiest." (Risk Management)

Fourth, Eighth Circuits Rule That Flu-Related Absences May Qualify For FMLA Leave
Two appeals courts recently ruled that illnesses such as flu or viral infections that meet regulatory requirements may qualify as 'serious health conditions' for absences under the Family and Medical Leave Act (FMLA). In Miller v. AT&T Corporation (Nos. 00-1277 and 00-1928), the Fourth Circuit U.S. Court of Appeals affirmed a district court decision finding AT&T liable for FMLA violations and awarding back pay with interest and attorneys' fees. (SpencerNet)

Domestic Partner Bill Clears Assembly
Excerpt: "In an emotional debate that touched on religion, fairness and falling in love, the Assembly passed legislation Wednesday [June 6] that would expand the rights of gays and lesbians in domestic partnerships." (Los Angeles Times)

Let's Perk Up: Economy Lag Isn't Hurting Benefits (Yet)
Excerpt: "As companies struggle to cut costs in these sluggish economic times, workplace perks that help employees juggle jobs and kids are being scrutinized more than ever, but that doesn't necessarily mean an end to free office massages and on-site child care. On the contrary, employers are keeping these and other popular benefits as a way to recruit and retain talented workers ..." (Palm Beach Post)

Wall Street Journal Outlines Patients' Rights Debate; AAHP Reiterates Opposition of McCain Bill
Excerpt: "The Journal calls the debate 'thoroughly American,' citing 'conflicting values': 'On one side is the dream of providing health care to millions in a private market, where decisions have to be made to hold down costs. On the other is the time-honored right of individuals to stand up for themselves in court.'" (KaiserNetwork.org)

Frist Patients' Rights Bill Would Raise Premiums 2.9%, Compared to 4.2% for McCain Bill CBO Finds
Excerpt: "The patients' rights proposal (S. 889) sponsored by Sens. Bill Frist (R-Tenn.), James Jeffords (I-Vt.) and John Breaux (D-La.) and endorsed by President Bush would raise the 'median annual insurance premium' by 2.9%, according to a new report from the Congressional Budget Office ..." (KaiserNetwork.org)

Daschle Says Any Compromise on Patients' Rights Must Be 'Meaningful' as White House Again Vows Veto
Excerpt: "Daschle said that Democrats have compromised 'about as much as we possibly can' on patients' rights legislation (USA Today, 6/11)." (KaiserNetwork.org)

Public Split on Patients' Bill of Rights
Excerpt: "Forty-four percent of the public favors a law making it easier for patients in managed care to sue their health plan, an ABCNEWS/Washington Post poll finds. Slightly more, 49 percent, oppose such a law, saying it would increase the cost of health care too much." (ABCNews.com)

Democrats Urge Bush to Cooperate on Patient Rights
Excerpt: "In their first national radio address since taking over the U.S. Senate, Democrats on Saturday pushed their key priority, a bill to give patients unprecedented new rights to sue their health plans." (Reuters via Excite News)

Aetna Admits Overpaying on Health Claims
Excerpt: "Aetna Inc. has told investors that it has been paying some claims twice and paying medical bills for people who are no longer members.... Aetna has already said it has underpriced its health plans and attracted more than its share of higher-risk members. The company plans to remedy that problem by eliminating unprofitable business and raising prices." (Associated Press via StarTribune.com)

A New, Hopeful Way To Look At Health Care
Excerpt: "The host of the gathering -- and the man as passionate about health-care reform as anyone at the table -- was Treasury Secretary Paul O'Neill, who in his earlier life as the CEO of Pittsburgh-based Alcoa had been instrumental in forming the Pittsburgh Regional Healthcare Initiative, a cutting-edge consortium of providers, consumers, insurers and employers, whose goal is to demonstrate that sense can be made of the hodge-podge that is the American health-care system." (David S. Broder in the Seattle Times)

Patients' Rights Draws Lobbying
Excerpt: "Health maintenance organizations, seeking to prevent patients from gaining new rights to sue them, are putting a new twist on their message, warning that such legislation will damage the economy. Insurers and businesses are spending millions of dollars on a new campaign to oppose a patients' rights bill, which has become a Senate priority since Democrats took control last week." (Associated Press)

Senate Heads for HMO Debate
Excerpt: "As of this week, the Bush camp still objected to state lawsuits, damages for pain and suffering beyond $500,000 and letting patients sue without exhausting other reviews of their cases." (Associated Press)

Bush Would Veto Kennedy-Edwards-McCain HMO Bill, Administration Official Says
Excerpt: "President Bush would veto bipartisan legislation to give patients the right to sue insurance companies and health plans in state courts for medical mistakes, the White House chief of staff, Andrew Card, said Sunday." (New York Times Syndicate)

Analysts Say Bush HMO Plan Would Cost Less
Excerpt: "The median annual health insurance premium would rise 2.9 percent under an HMO reform bill backed by the Bush administration, nonpartisan budget analysts say. The figure, touted by the plan's supporters, is lower than the expected cost of similar legislation being pushed by the Senate's new Democratic leadership." (Associated Press)

Long Term Care Policy Language 'Confusing,' Survey Finds
Excerpt: "'[C]onfusing' policies are preventing many Americans from purchasing long term care insurance, the Detroit Free Press reports." (KaiserNetwork.org)

(Following items also appear in Retirement Plans Edition)

2001 Tax Legislation: Employee Benefit Provisions (PDF)
10 pages. Excerpt: "The more significant changes in the employee benefits rules are summarized below. The repeal of the estate and generation-skipping transfer taxes will also figure significantly in planning for retirement security, and these provisions are also summarized." (Sutherland Asbill & Brennan LLP)

Last Chance To Be Included In Benefits Managers' Survey
Charles D. Spencer & Associates, Inc., continues to collect information for its 2001 Spencer survey of benefits managers and employee benefits departments. Hundreds of companies and more than 600,000 employees already have been counted, with the average benefit managers' salary topping $76,000. (SpencerNet)

Newly Posted or Renewed Job Openings (Post Yours!)

Pension Specialist

for Western Growers Association (leading agricultural trade association)
in CA

Employee Benefits Tax Consultant / Detroit

for Deloitte & Touche, a Professional Services Firm
in MI

401(k) and DC Plan Administrator

for Capax - Pension Services in Modesto, CA
in CA

Pension Trust Administrator

for First Trust Corporation
in CO

Education Consultant for Defined Contribution Plans

for Key Bank
in WA

Pension Administrator

for Benefit Planning, Inc.
in CA

Record Keeper

for Vinings Management Corporation
in GA

Account Processor

for Invesmart of Austin, Inc.
in TX

401(k) Valuation Administrator

for Invesmart of Austin, Inc.
in TX

Technical Consultant - QDRO

for Towers Perrin
in PA

Vice President of Benefits

for Baker-Parker and Associates, a Retained Executive Search Firm
in TX

Defined Contribution Group Plan Administrator

for State Street Research & Management Company
in MA

Defined Contribution Plan Administrator

for R. J. Michalski, Inc.
in CT

Newly Posted Conferences (Post Yours!)

Family And Medical Leave Act, California Family Rights Act And Other California Leaves Of Absences

in CA on July 13, 2001
presented by Lorman Education Services, Inc.

Family And Medical Leave Act In Wisconsin

in WI on July 26, 2001
presented by Lorman Education Services, Inc.

Family And Medical Act In New York

in NY on July 26, 2001
presented by Lorman Education Services, Inc.

Family And Medical Leave Act In Virginia

in VA on July 25, 2001
presented by Lorman Education Services, Inc.

The Family And medical Leave Act In Texas

in TX on July 18, 2001
presented by Lorman Education Services, Inc.

Family And Medical Leave Act In Arkansas

in AZ on July 10, 2001
presented by Lorman Education Services, Inc.

Family And Medical Leave Act In New York

in NY on July 12, 2001
presented by Lorman Business Center, Inc.

Family And medical Leave Act In South Carolina

in SC on July 12, 2001
presented by Lorman Education Services, Inc.

IBIS Institute - An Introduction to International Employee Benefits

in IL on August 27, 2001
presented by Charles D. Spencer & Associates, Inc. - Int'l Benefits Information Service (IBIS)

The Basics of Distributions from Qualified Plans and IRAs: The Ever-Changing Mysteries Revealed! (Program No. VPC0719)

in ALL STATES on July 19, 2001
presented by ALI-ABA (American Law Institute-American Bar Association Committee on Continuing Professional Education)

HIPAA and Other Health Laws: Compliance Assistance Seminar

in NY on June 15, 2001
presented by U.S. Department of Labor, Pension and Welfare Benefits Administration in cooperation with the New York State Department of Insurance