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The BenefitsLink Newsletter -
Welfare Plans Edition
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August 13, 2001 - 6,189 subscribers
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States Dismayed by Federal Bills on Patient Rights
Excerpt: "State officials are expressing grave doubts about federal legislation on patients' rights, especially a bill passed by the House this month, saying it would override state laws that provide greater protection to millions of consumers." (New York Times; free registration required)

Searchable Transcript of House Debate on Patients' Bill of Rights
KaiserNetwork.org (by the Henry J. Kaiser Family Foundation) has created a searchable transcript of the House debate on the patients' rights bill -- with links to Real Audio and Video snippets of the actual statements. This link takes you to the page on which a keyword (e.g., punitive damages) can be entered (look for 'Search this HealthCast by keyword:'). Then click on links you'll see in the search results. (KaiserNetwork.org)

Example Transcript Search: What Did House Members Say About ERISA Preemption During Bill Debate?
KaiserNetwork.org (by the Henry J. Kaiser Family Foundation) has created a searchable transcript of the House debate on the patients' rights bill -- this link is an example of the search results using the term 'preemption.' Click on any of the search results to hear (using Real Audio) the statement made by a Representative dealing with ERISA preemption of state laws by the federal legislation. (KaiserNetwork.org)

Chart Comparing Key Liability Provisions in the Senate, House and Original Patients' Rights Bills (PDF)
7 pages; best comparison chart we've seen on the issue of the liability of employers, insurers and managed care providers. (Prepared by Greenberg Traurig and published by the American Benefits Council)

Summary of the Bipartisan Patient Protection Act as passed by the House on August 2, 2001 (PDF)
6 pages; an easy-to-read but meaty outline format. (Prepared by Greenberg Traurig and published by the American Benefits Council)

Discharge of Employee for Abandoning Job Does Not Violate FMLA, Even If Employer is Mistaken
30 pages; Medley v. Polk Company (10th Cir. Aug. 9, 2001). Excerpt: "The law, from a number of authorities at both the federal appellate and district court levels, is ... that an employer who discharges an employee honestly believing that the employee has abandoned her job and is otherwise not using FMLA leave for its here 'intended purpose', to care for a parent, would not be in violation of FMLA, even if its conclusion is mistaken, since this would not be a discriminatory firing." (U.S. Court of Appeals for the Tenth Circuit, published by FindLaw.com)

Employer Must Inform Employees Which of Four Methods It Will Use in Calculating FMLA Leave (PDF)
30 pages; Bachelder v. America West Airlines, Inc. (9th Cir. Aug. 8, 2001). Excerpt: "Because choosing a calculating method carries with it an obligation to inform employees of that choice and America West has failed to fulfill this obligation, it has 'fail[ed] to select' a calculating method [within the meaning of the DOL regulations] ... Thus, 'the option that provides the most beneficial outcome for the employee' must be used ..." (U.S. Court of Appeals for the Ninth Circuit, published by FindLaw.com)

Strict California Law Requires Complete Insurance Coverage for Cancer Study Subjects
Excerpt: "All four phases of clinical trials are covered, and treating physicians will be able to refer patients to trials based on the potential benefit to the patient. Similar legislation in other states restricts coverage to the type of clinical trial, the physician referral mechanism, the type of cancer or the type of insurance coverage, the governor's office said." (Reuters Health via Medscape; free registration required)

Metlife Launches Long Term Care Life Insurance Add-on
Excerpt: "The insurer is offering a rider -- an amendment to an insurance policy -- that guarantees you the option to buy a separate long term care (LTC) health insurance policy in the future from MetLife. The rider works by taking advantage of the medical examinations and underwriting you undergo when applying for life insurance." (insure.com)

(Following items also appear in Retirement Plans Edition)


Welcome to new BenefitsLink advertiser McGladrey & Pullen, LLP
Excerpt: "This year we proudly celebrate 75 years as one of the top CPA firms serving mid-size businesses. Our team of certified public accountants offers experience and professionalism to clients across the country and around the world (RSM international). We provide high quality, efficient and timely audit, accounting and certain tax services to assist our clients in achieving their business objectives."

New Web Source for News and Information for Compensation and Stock Professionals
Especially good is the site's News Log, an ongoing listing of links to news and online articles about executive compensation and stock plan matters (including stock options and stock purchase plans). Excerpt: "Roberta is a paralegal of twenty years' experience who in the last few years has concentrated on restricted stock, stock offerings and stock option/purchase plans. She obtained her paralegal certificate in 1981 and her CEP certification in November 2000." (Edited by Roberta Jones Day, CEP; J. Mark Poerio, Esq. is an advisor and contributor)

Has Pay for Performance Gone Awry? Views from a Corporate Governance Forum (PDF)
16 pages; July 2001. Excerpt: "This issue of Research Dialogue summarizes the discussions at a recent TIAA-CREF Institute forum on compensation policies at public corporations. The article provides important background information on compensation issues, demonstrates the need for a judicious and informed approach in the design and implementation of compensation programs, and highlights the consensus on several issues that arose at the forum." (TIAA-CREF Institute)

Federal Agencies Told to Pay Full Pension and Health Benefits Costs In 2003
Excerpt: "Under current law, agencies and the Office of Personnel Management split the pension costs of employees in the Civil Service Retirement System (CSRS), which covers personnel hired before 1983 ... Agencies already pay the full cost of pension benefits for employees covered by the Federal Employees Retirement System, which covers employees hired after 1983 [but OPM] picks up the full tab for retirement health benefits earned by active employees in both retirement systems." (GovExec.com)

Labor Department Solicits Nominations for Employee Benefits Advisory Council
Excerpt: "The deadline for receipt of nominations is Oct. 1. The bipartisan advisory council, known as the ERISA Advisory Council, has 15 members appointed by the Secretary of Labor to represent a wide range of interests in the employee benefits area." (U.S. Department of Labor, Pension and Welfare Benefits Administration)




Newly Posted or Renewed Job Openings (Post Yours!)
Service Integration Manager - Marlborough , Massachusetts for Fidelity Investments
in MA
Client Director for CitiStreet
in FL
Senior Health & Welfare Consultant for USI Consulting Group (USICG)
in MA
Pension Analyst for USI Consulting Group (USICG)
in CT
Director of Service Operations for AEGON Insurance Group
in IA
Director of Technical Application Support for AEGON Insurance Group
in IA



Newly Posted Conferences (Post Yours!)
2001 Retirement Odyssey: A Journey in GA on September 8, 2001
presented by National Association of Government Defined Contribution Administrators (NAGDCA)



Newly Posted Press Releases
Labor Department Solicits Nominations for Employee Benefits Advisory Council (U.S. Department of Labor, Pension and Welfare Benefits Administration)

Subscribe to the Retirement Plans Edition, too (click)


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.