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February 6, 2003 - 7,947 subscribers
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(Help BenefitsLink to provide this newsletter at no charge to you -- our sponsors pay your way. Remember to visit them periodically; we try to make sure their products and services will be of interest to you. Thanks! --Editor)
Senate Committee Considers Association Health Plan Legislation
Excerpt: "Testifying on Feb. 5, Labor Secretary Elaine Chao said that AHPs are part of the Bush administration's 'multi-pronged strategy ... to reduce health care costs' (Livermore, St. Louis Post-Dispatch, 2/5).... However, Kansas Insurance Commissioner Sandy Praeger, testifying on behalf of the National Association of Insurance Commissioners, said that AHP legislation 'would put consumers at significant risk and disrupt the health insurance market.'" (KaiserNetwork.org)

Members of Congress To Propose Legislation Allowing Association Health Plans
Excerpt: "Federal lawmakers plan to reintroduce legislation (HR 1774) that would allow the formation of association health plans, under which national trade associations could offer small businesses health insurance, the Washington Times reports." (KaiserNetwork.org)

Prepared Testimony: the Small Business Health Care Crisis-- Possible Solutions
Eleven witnesses, including Elaine L. Chao, U.S. Department of Labor; Hector V. Barreto, Jr., U.S. Small Business Administration; Jack Faris, National Federation of Independent Business; Sandy Praeger, National Association of Insurance Commissioners; and Len Nichols, The Center for Studying Health System Change. (U.S. Senate Committee on Small Business & Entrepreneurship)

Senators Introduce Legislation That Would Amend FMLA To Allow Six Weeks of Paid Leave
Excerpt: "Sens. Christopher Dodd (D-Conn.) and Edward Kennedy (D-Mass.) on Feb. 5-- the 10th anniversary of the enactment of the 1993 Family and Medical Leave Act-- introduced a bill that would allow states to provide as many as six weeks of paid leave for employees with a serious illness or to care for a newborn or family member with a serious illness, CongressDaily reports ..." (KaiserNetwork.org)

Department of Labor Marks 10th Anniversary of FMLA
Excerpt: "[February 5, 2003 -] The law that provides up to 12 workweeks of unpaid leave annually for family and medical reasons was enacted 10 years ago today and is enforced by the Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration." (U.S. Department of Labor, Employment Standards Administration)

Lawmakers Seek to Reduce Federal Employees' Share of Rising Health Care Premiums
Excerpt: "In a bid to help federal employees and retirees cope with rising premiums, Rep. Steny H. Hoyer and Sen. Barbara A. Mikulski, both Maryland Democrats, introduced legislation yesterday that would raise the government's contribution toward premiums in the Federal Employees Health Benefits Program from an average of 72 percent to 80 percent." (Washington Post)

Norwood Reintroduces Patients' Bill of Rights
Excerpt: "Rep. Charlie Norwood on Wednesday revived the patients' rights legislation he has been proposing since he came to Congress eight years ago, but acknowledged potential insurmountable differences over the liability of HMOs." (Fox News)

Norwood Introduces the Patient Protection & ERISA Clarification Acts
Press release. Excerpt: "The ERISA Clarification Act is a simple two-page bill that clarifies what appears to be the position the Supreme Court has taken regarding ERISA in Rush v. Moran, and ensures that ERISA does not preempt a state cause of action arising from an insurer's determination of medical necessity." (Congressman Charlie Norwood, 9th District, Georgia)

Some Senate Republicans Reluctant To Endorse Caps on Medical Malpractice Awards
Excerpt: "Senate Republican leaders on Feb. 4 voiced support for limits on medical malpractice liability, but they 'acknowledged that passing such legislation in the Senate would be difficult,' the Washington Times reports." (KaiserNetwork.org)

Medical Malpractice Issue is Going Nationwide
Excerpt: "The newly Republican Senate is serving notice it plans to tackle medical liability issues on a national level. Standing against a United States map with 'crisis' states ... outlined in red, the chairmen of the Senate Judiciary and Health committees Tuesday said they plan to hold a joint hearing and then work to draft medical malpractice legislation they hope can win bipartisan support." (Charleston [W. Va.] Daily Mail)

Court Approves ERISA Plan's Reimbursement Claim Against Attorney With Possession of Funds
Excerpt: "The Santillanes court was persuaded by the Supreme Court's indication in Knudson that the relief requested against the attorney possessing the funds might be an alternate remedy a health plan could seek under ERISA ... [T]he Santillanes court noted that, although the Supreme Court did not rule on whether health plans could impose constructive trusts on funds held by their beneficiary's attorneys, 'this court determines that the Supreme Court's decision permits such a remedy.'" (Lawrence & Russell)


Links to Items on Executive Comp, Benefits in General

Sprint Chief Defends Use of Tax Shelter
Excerpt: "Sprint Corp.'s chairman and CEO is defending his use of a controversial tax shelter reportedly responsible for his forced departure from the company. In a letter to employees Wednesday night, William T. Esrey said he was assured that the investment and tax strategy recommended to him in the late 1990s by the telecommunication company's auditors, Ernst & Young, 'was perfectly legal.'" (AP via Las Vegas Sun)

Tax Shelters for Executives Draw Scrutiny, Criticism
Excerpt: "Corporate executives and the independent accounting firms that monitor their companies are under legal and ethical scrutiny again. This time for questionable tax shelters designed to help executives defer millions in taxes owed from stock option gains." (USA Today)

Most Execs Don't Walk Away With a Bundle
Excerpt: "Despite headlines about CEOs departing with outrageously lucrative golden handshakes, most top U.S. executives don't walk away with millions of dollars' worth of perks." (Chicago Tribune; one-time registration required)


Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Pension Administrator
for White Plains law firm with expanding daily valuation department
in NY

Defined Benefit Consultant
for Invesmart
in MA

Recruiter
for S.C. International, Ltd.
in IL

Manager, Compliance Testing
for Diversified Investment Advisors
in NY

Benefits Administrator
for Peavey Electronics Inc.
in MS

Senior DB/DC Plan Administrator
for Gorrelick, Tievy & Associates, Inc.
in MD

Part-time Employee Benefits Attorney
for D'Ancona & Pflaum
in IL

401(k) Administrator
for Administrative Retirement Services, Inc.
in IL

Client Administration Non-Qualified Benefit Plans
for Insurance Resource Group
in ALL STATES, NJ
Newly Posted Webcasts
(Post Yours!)

HEALTH REIMBURSEMENT ARRANGEMENTS (HRAs)
on February 3, 2003
presented by Employee Benefits Institute of America LLC (EBIA)
Newly Posted Press Releases
(Post Yours!)

Benefit Software Inc. Provides Butzel Long With Online Benefit Communications
(Benefit Software Inc.)

Small Business Council of America Warns That Administration's Retirement Plan Proposal Will Cause Millions Of Small Business Employees To Lose Retirement Plan Contributions
(Small Business Council of America)

President's Proposals Will Reduce the Appeal of Employer Plans
(Profit Sharing/401(k) Council of America (PSCA))

BLR Publication Simplifies HIPAA Privacy Compliance as Deadline Looms
(Business and Legal Reports, Inc.)

Steven Spurling Joins Stanton Trust Company as Director of National TPA Sales
(Stanton Trust Company, N.A.)

DOL Secretary Elaine L. Chao Testifies on Association Health Plans
(U.S. Department of Labor)

Intara launches new Self Service Benefits Enrollment System
(Intara)

Certain ALI-ABA Employee Benefits Course Materials and Tapes Now on Sale
(American Law Institute - American Bar Association (ALI-ABA))
Movers and Shakers: Newly Posted Announcements of Promotions and New Personnel
(Post Yours!)

Gregory J. Dyson (ICMA Retirement Corporation)


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