| The BenefitsLink Newsletter - Welfare Plans Edition |  |
August 10, 2001 - 6,210 subscribers
Today's sponsor: Glasser LegalWorks (click)
This timely "how to" program will address new DOL claims procedures, the avoidance of fiduciary liability after the Harris Trust decision, identifying conduct that might trigger a DOL investigation under its Strategic Enforcement Plan, and more. Designed for ERISA fiduciaries, investment advisors, and in- house, corporate, tax, labor, and insurance counsel. September 21 in Chicago; October 24 in New York. Click for full details!
New California Law Requires Insurers to Cover Clinical Trials
Excerpt: "Gov. Gray Davis signed into law yesterday a bill requiring health care plans to cover the costs of clinical trials for cancer patients. The strongest legislation of its kind in the country, the bill requires insurers to cover routine costs associated with all cancer trials." (The San Francisco Chronicle)
HMOs Limiting Use of Migraine Drugs
Excerpt: "Some U.S. health insurers are limiting the use of a newer class of migraine drug called triptans that has brought relief to millions of patients who suffer ... [A]dvocates for migraine sufferers and some neurologists said they have noticed a trend in which health insurers restrict access to triptans. They said the reluctance to pay for the drugs stems from their relatively high price ... [but there is] little data about the safety of taking triptans on a daily basis." (Reuters via Yahoo! News)
State COBRA Law Preempted by ERISA; State Court Cannot Hear Federal COBRA Claims
Thompson v. Bridgeport Hospital (Super. Ct. Conn., June 22, 2001). Excerpt: "Claims against an employer under a Connecticut COBRA-like law were dismissed by a Connecticut superior court as preempted by the federal COBRA law. The court also held that federal, not state courts, have exclusive jurisdiction over COBRA notice penalty claims." (Thompson Publishing Group)
Analysis: GAO Report Says Consultant Practices May Encourage Insurance Fraud
Excerpt: "A U.S. General Accounting Office report [issued in June 2001] found that consultants have been advising health care providers to perform billing practices that are not in line with federal guidance and have resulted in higher costs for the health insurance industry." (Thompson Publishing Group)
Opinion: Is the Patients' Bill of Rights Good for Patients?
Excerpt: "HMO-bashing has become something of a national pastime, and now Washington has joined in the fun.... There's just one problem: The legislation isn't exactly as groundbreaking as politicians on both sides of the aisle would like the public to think. Fact is, it took so long for lawmakers to debate this issue (approximately six years so far) that many of the problems the bills address have long since been solved by the market." (Smartmoney.com via Yahoo! Finance)
Opinion: the Patients' Bill of Rights -- and the Insurer's List of Opportunities
Excerpt: "The legislation blocks the growth of state court liability theories that were opening a back door to liability claims against insurers and HMOs. It caps damages nationwide against these companies, while allowing individual states to set lower, but not higher, limits... Astonishingly, the House bill also requires that the HMO or the insurer be the sole proximate cause of a plaintiff's injuries, a standard that would vitiate most potential liability." (Law.com)
Opinion: Money Talks-- the Politics of Health Care
A 'media briefing' published online for public access by this advocacy organization. Has links to several position papers, including Overview: Who Owns Health Care; Facts: Money & U.S. Health Policy; Medicare Prescription Benefit; HMO Liability and Public Accountability. (National Health Law Program)
Labor Secretary's Remarks to the Labor and Employment Section of the American Bar Association
Excerpt: "It used to be that the number-one labor problem in America was unemployment. Even now, of course, we are worried about people who are unemployed, and we have a number of programs designed to help those who have lost their jobs find new ones. But the most difficult problem facing our workforce today is not unemployment per se, but the skills gap that exists between new jobs that are being created and the skill level of many job seekers." (Secretary of Labor Elaine L. Chao)
Some Insiders Exploit New Insider-Selling Rules
Excerpt: "Corporate executives are increasingly taking advantage of new rules on insider selling that critics say allow them to have their cake and sell it, too. The rules let executives, directors and other insiders regularly dispose of their companies' shares with minimal disclosure, even when they have inside information that will affect the stock." (CareerJournal.com)
Opinion: Cisco's Stock Option Excess
Excerpt: "Financial results would be very different if options were reflected on the income statement. Cisco is one company that has a history of issuing options in excess." (The Motley Fool; free registration required)
Newly Posted or Renewed Job Openings (Post Yours!)
| ACTUARY | for San Diego Pension Consultants, Inc. in CA |
| Retirement Plans Analyst | for M&M/MARS in NJ |
| 401(k) Administrator | for The Benefit Center, Inc. in NH |
| Pension Analyst | for Full Service TPA in NC |
Newly Posted Webcasts (Post Yours!)
| State of Managed Care Quality | on September 8, 2001 presented by National Committee for Quality Assurance |
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Copyright 2001 BenefitsLink.com, Inc., but you may freely distribute this email newsletter in whole. This newsletter is edited by David Rhett Baker, J.D.
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