February 25, 2002 - 6,505 subscribers Today's sponsor: Employee Benefit Plan Review magazine (Click on company name or banner to learn more.) ![]() Receive the Employee Benefit Plan Review magazine FREE for 1 year. For more than 50 years, Employee Benefit Plan Review has been the preferred monthly magazine for benefits professionals, alerting readers to developments and trends in all aspects of employee benefits. Click above to begin receiving your copy! (Help BenefitsLink to provide this newsletter at no charge to you -- our sponsors pay our way. Remember to visit them periodically; we try to make sure their products and services will be of interest to you. Thanks! --Editor) Do the HIPAA Privacy Rules Apply to the Sponsor of a Fully-Insured Group Health Plan? Excerpt: "If a group health plan provides health benefits only through an insurance contract and does not create, maintain, or receive protected health information (PHI), the vast majority of administrative burdens imposed by the HIPAA privacy rules do not apply to the plan or the plan sponsor." (EBIA Weekly) Insurers Boost Individual Coverage Plans as Small Employers Drop Group Coverage Excerpt: "The rush by insurers to sell individual policies is providing some relief to many workers who have lost group coverage. But it's only a stopgap to the real problem, business leaders said, because the same thing that makes the individual plans profitable will still leave many others without insurance -- exclusivity." (Cincinnati Business Courier via bizjournals.com; free registration required) Updated URL: Funds Must Be in the Control of the Defendant in Order to Pursue a Reimbursement Claim Excerpt: "The Knudson decision should not be viewed as a loss, but like a 'sacrifice' in baseball, where a single out places runners in a better scoring position for upcoming batters. Knudson clarifies that, even in the Ninth Circuit, a plan may now pursue a reimbursement action in federal court as long as the funds are in the control of a defendant in the federal court lawsuit, which is much more than we had in the Ninth Circuit before Knudson." (Attorney Thomas H. Lawrence) Analysis: California HMO Regulator Barred from Forcing Coverage for Drug Not in HMO's Formulary Excerpt: "After hearing the arguments from both sides, a state court judge issued a preliminary injunction on Jan. 15, 2002, barring DMHC from enforcing any section of the Knox Keene Act or any regulation (including the regulation at issue in the case) that mandates coverage of outpatient prescription drugs -- absent a specific statutory mandate ..." (Thompson Publishing Group) Former Employee's Claim For LTD Benefits Was Barred By Statute of Limitations: Court A terminated employee's request that his former employer reopen his case for long term disability benefits, which was submitted more than two-and-one-half years after the employee's termination, was barred by the statute of limitations. This was the ruling of the Third Circuit U.S. Court of Appeals in Stafford v. E.I. DuPont de Nemours & Company (No. 01-1289). (Spencernet) Foundation Rolls Out Website: "CoveringTheUninsured.com" Excerpt: "Covering the Uninsured is a national campaign of The Robert Wood Johnson Foundation and twelve major national organizations to raise awareness of the challenges facing the 39 million Americans with no health insurance. The campaign represents business, labor, doctors, nurses, hospitals, health care consumers and other Americans." (Robert Wood Johnson Foundation) Now Online: Webcast Recording of PBS Series on Healthcare Reform Six half-hour talk shows from the syndicated public television program, The Open Mind, funded by The Commonwealth Fund. (The Commonwealth Fund via KaiserNetwork.org) Company Decides to Determine Executive Pay Without Regard to Company's Pension Income Excerpt: "In what appears to be a first, McDermott International Inc. agreed to determine compensation for senior executives without regard to any income generated by its pension plan, The Wall Street Journal reported Monday.... Amalgamated Bank, which filed the resolution, noted that pension income is contributing to the bottom line of many large companies and, in turn, boosting executive pay that is based on earnings." (Dow Jones via Yahoo! News) Split Dollar Arrangements for Executives Appear to Get Support Under Bush Excerpt: "Despite criticism over how top Enron Corp. officials were able to protect their special executive pensions while other employees saw retirement savings devastated, tax consultants say the Bush administration has softened proposed new rules, which will allow top executives to continue sheltering billions of dollars in pension savings, The Wall Street Journal reported Monday." (Dow Jones via Yahoo! News) Laid-off, Retired LTV Workers Feel Bite of Globalization Excerpt: "A rally [Saturday, February 23] in Virginia, Minn., will start a week of events organized to call attention to the loss of jobs, pensions and health insurance by a growing number of workers in the iron-ore and steel industries." (StarTribune.com) Newly Posted or Renewed Job Openings -
Newly Posted Conferences (Post Yours!)
Newly Posted Press Releases
Subscribe to the Retirement Plans Edition, too (click)
Copyright 2002 BenefitsLink.com, Inc., but you may freely distribute this email newsletter in whole. This newsletter is edited by David Rhett Baker, J.D.
|