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February 26, 2003 - 8,036 subscribers
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Transplant Mix-Up Enters Debate in Congress on Medical Malpractice Damage Caps
Excerpt: "The death of Jesica Santillan, the 17-year-old given a heart and lung transplant from a donor with an incompatible blood type, is influencing the Congressional debate on President Bush's proposal to limit damages in medical malpractice cases and may prevent the plan from passing intact, lawmakers say." (New York Times; one-time registration required)
Opinion: Value of Human Lives Shouldn't Be Capped
Excerpt: "How much is Jesica Santillan worth? What is the value of her pain and her suffering? What amount is adequate for the family of a child who followed hope's beacon, only to die because of a catastrophic medical mistake-- the wrong heart and lung placed in her chest?" (Newsday)
Final HIPAA Security Regulations: Highlights for Group Health Plans and Plan Sponsors
Excerpt: "On February 20, 2003, DHHS published its long-anticipated final HIPAA security regulations ... Compliance with the Final Security Regulations [generally] is required by April 21, 2005 ... Importantly, the Final Security Regulations do not postpone the April 14, 2003 deadline for complying with HIPAA's privacy requirements ... Below are a few highlights of the Final Security Regulations, particularly as they apply to health plan sponsors and administrators." (EBIA Weekly)
Domestic Partner Insurance Tabled In Montana
Excerpt: "The House State Administration Committee tabled House Bill 629, by Rep. Rosie Buzzas, D-Missoula, which critics said would send insurance rates 'sky high, degrade the sanctity of marriage and give special treatment to gays and lesbians in one fell swoop.' Supporters said the bill has nothing to do with special treatment. It is about 'equal pay for equal work,' Buzzas said." (Domestic partner insurance tabled)
IRS Publishes 'Travel, Entertainment, Gift and Car Expenses' for Use in Preparing 2002 Returns (PDF)
51 pages; Publication 463. (Internal Revenue Service)
IRS Publishes Jan. 2003 Version of 'Employer's Tax Guide to Fringe Benefits' (PDF)
24 pages; Publication 15-B (Jan. 2003). Accident and Health Benefits; Achievement Awards; Adoption Assistance; Athletic Facilities; De Minimis Benefits; Dependent Care Assistance; Educational Assistance; Employee Discounts; Employee Stock Options; Group-Term Life Insurance Coverage; Lodging on Your Business Premises; Meals; Moving Expense Reimbursements; No-Additional-Cost Services; Retirement Planning Services; Transportation (Commuting) Benefits; Tuition Reduction; Working Condition Benefits. (Internal Revenue Service)
New Hampshire State Employees Criticize Use of Retirement Funds to Pay Healthcare Premiums
Excerpt: "The State Employees Association is questioning a proposal by Gov. Craig Benson to take $32 million from a retirement account to offset increases in health-insurance costs." (AP via the Concord [N.H.] Monitor)
Health Care Purchasing Among State Employers (PDF)
28 pages; Feb. 2003. Excerpt: "To contain costs, states are exploring some of the same solutions considered in the private sector.... State employers have reacted cautiously to new consumer-driven health plans, defined in this study as a medical spending account that can be rolled over, with catastrophic coverage and a choice of providers.... States reported a high degree of interest in disease management programs." (National Health Care Purchasing Institute)
Kaiser Network Creates 'Issue Spotlight' Web Page on Prescription Drugs
Gathers headlines about prescription drugs, relevant webcasts available through KaiserNetwork.org, and a list of online references. (KaiserNetwork.org)
Ford's White-Collar Workers, Retirees to See Higher Healthcare Premiums
Excerpt: "Ford Motor Co., which spent $2.7 billion on health care last year, is significantly raising health care and drug charges for 93,000 white-collar workers, retirees and dependents." (AP via the Miami Herald)
Lobbying Expenditures Surged In First Six Months of 2002
Excerpt: "The staggering size and depth of the Washington lobbying business is more easily understood when one calculates the monthly average spending on both in-house and contract lobbying to be $143 million a month during the first six months of 2002." (PoliticalMoneyLine.com)
Republicans Planning Ambitious Healthcare Agenda
Excerpt: "Republicans, having taken control of both the US House and Senate, are wasting no time moving a wide array of health bills, committee aides told the annual policy conference of the American Association of Health Plans on Tuesday." (Reuters Health via Medscape; one-time registration required)
Proposed Tax Credit for Purchase of Health Insurance Could Weaken Employer-Based Health Insurance
Position paper. Excerpt: "the tax credit could materially weaken the employer-based health system through which the vast majority of insured Americans obtain their health insurance coverage and could cause some currently insured people-- particularly people who are older or are in poorer health-- to lose insurance altogether or to have to pay exorbitant amounts to retain insurance. This analysis examines the Administration's tax credit proposal." (Center on Budget and Policy Priorities)
Overview: DHHS Issues Final Regs Modifying HIPAA Electronic Transaction and Code Set Standards
Excerpt: "The transaction and code set standards are part of HIPAA's administrative simplification provisions and are designed to standardize the format and content of electronic data interchange (EDI), so that entities within the health care system can use EDI to exchange medical, billing, and other information and to process claims and transactions in a fast, secure, and cost-effective manner." (EBIA Weekly)
Overview: 2d Circuit Says Mixed Eligibility/Treatment Decision by HMO Not Preempted by ERISA
Cicio v. Does (2d Cir. 2003). Excerpt: "With this decision, the Second Circuit jumps into the fray on the question of whether ERISA preempts a medical decision made in the course of utilization review by an HMO.... Judge Calebresi's impassioned dissent in the case best highlights the tension that will probably continue to challenge anyone involved in HMO utilization review claims." (EBIA Weekly)
District Court Rules Illinois' Common Fund Doctrine Preempted by ERISA
Excerpt: "The district court ruled that ERISA preempts the common fund doctrine because it 'operates to modify unambiguous and bargained for provisions in the employee benefit plans.' The district court concluded that there is 'too much support for the proposition that state law cannot void explicit and lawful provisions in ERISA plans.'" (Lawrence & Russell)
Insurer Properly Reduced Amount of Monthly Disability Benefits By Benefits Under Second Policy
An insurance company properly reduced a beneficiary's monthly disability benefits by the amount of benefits that the beneficiary concurrently was receiving under a second policy that she had purchased. This was the ruling of the Seventh Circuit U.S. Court of Appeals in Hall v. Life Insurance Company of North America (No. 02-1704). (SpencerNet)
Links to Items on Executive Comp, Benefits in General
Overview: DOL Proposes Prohibited Transaction Relief for Corporate Fraud Settlements
Excerpt: "EBIA Comment: The DOL has previously granted class exemptions for certain remedial prohibited transactions engaged in to settle litigation, but those exemptions are limited to settlements to which the DOL or the IRS is a party. If issued, this new exemption would provide welcome general relief to plans wishing to settle disputes with parties-in-interest ..." (EBIA Weekly)
Prior to Bankruptcy, US Airways Gave $35 Million in Lump Sum Pension Payments to 3 Execs
Excerpt: "The three men were entitled to receive the retirement benefits as part of the employment contracts they negotiated with US Airways' board of directors. But the payouts drew immediate fire from airline employees suffering from lost jobs, benefits and pay cuts and from some outside analysts." (The [Pittsburgh] Post-Gazette)
Opinion: Expensing Stock Options Is Not Inevitable
Excerpt: "An option does not 'expense' any asset of a company: it dilutes the ownership of existing investors, but does not take cash out of the company. So the common sense and proper accounting for options should be to show the dilution in the company's equity tables." (AlwaysOn.com)
Newly Posted or Renewed Job Openings
Senior Product Specialist - Retirement Plan Marketing
for Edward Jones
in MO
Institutional Retirement Plans Business Development Officer
for Union Bank of California
in OR
Director of Retirement Plan Services
for The Savant Group
in CA
Defined Contribution/401(k) Administrator
for Professional Capital Services, LLC
in PA
National Marketing Development Director
for Edward Jones
in MO
Director/Vice President, Benefits Management
for Multi-national, Multi-billion Dollar Consumer Products Company
in TX
Defined Benefit Conversion Specialist
for New York Life Investment Management, LLC
in MA
Newly Posted Conferences
(Post Yours!)
How the New HIPAA Privacy Rule Regulations Will Affect Your Organization
in NY
March 19, 2003
The New York Metropolitan Area Chapter - ISCEBS
Newly Posted Press Releases
(Post Yours!)
Still River Introduces Needs-Based Retirement Income Software
(Still River Retirement Planning Software, Inc.)
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