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May 6, 2003 - 8,191 subscribers
Today's sponsor: Business & Legal Reports (BLR)

(Click on company name or banner to learn more.)

HIPAA's New Privacy Regulation in Effect

BLR - Plain-English compliance help for over 25 years.

BLR's new 2003 HIPAA Privacy Guide delivers the specific Health
Insurance Portability and Accountability Act policies and procedures
you need to comply step-by-step with this sweeping new regulation.
The HIPAA Guide includes model language for privacy notices,
authorization forms, business associate contracts, and all key
important policies and procedures.

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
IRS Provides Rules for Debit and Credit Cards To Reimburse Participants In Self-Insured Health Plans
Revenue Ruling 2003-43. Excerpt: "Issue: Whether, under the facts described, employer-provided expense reimbursements made through debit or credit cards and other electronic media are excludable from gross income under § 105 of the Internal Revenue Code." (Internal Revenue Service)

John Edwards' Presidential Bid Puts Spotlight on Trial Lawyers
Excerpt: "At the American Tort Reform Association, Sen. John Edwards is called the candidate of 'Learjet lawyers,' a reference to his habit this year of borrowing law firms' planes to campaign. The association, which wants to cap jury awards in medical and product liability cases, is so aghast at the prospect of a President Edwards that it plans to launch an anti-Edwards Web site this month: www.edwardswatch.com." (The Charlotte Observer)

Overview: HIPAA's Privacy Rule Wins Round 2 in Federal Court Challenges (PDF)
3 pages. Excerpt: "The Fourth Circuit Court of Appeals upheld the validity of the HIPAA Privacy Rule in an opinion issued on April 25, 2003 in South Carolina Medical Association v. Thompson, No. 02-2001." (Michael Best & Friedrich LLP)

State Law Claim for Bad Faith Damages Against Plan Insurer Is Preempted by ERISA
McGuigan v. Reliance Standard Life Ins. Co. (E.D. Pa. 2003). Excerpt: "Applying the new two-part test articulated by the U.S. Supreme Court in Kentucky Ass'n of Health Plans, Inc. v. Miller, 123 S. Ct. 1471 (2003), the court held that, although the state law was specifically directed toward insurance companies, the law did not 'substantially affect the risk pooling arrangement between the insurer and the insured.' Therefore, it was not a state insurance law saved from preemption." (EBIA Weekly)

Kaiser Permanente Finds That No HMO Fits All Anymore
Excerpt: "Throughout its 23 years in the Washington market, Kaiser Permanente has been to HMOs what McDonald's has been to hamburger chains: the original.... Kaiser is seeking regulatory approval to offer a plan, as soon as this fall, that would allow patients to visit the doctors and hospitals of their choice." (Washington Post)

Health Care Featured in First Debate Among Democratic Presidential Candidates
Excerpt: "Democratic presidential candidates on May 3 discussed how to provide health care to the nation's 41 million uninsured, among other issues, at their first debate, which was held on the campus of the University of South Carolina, the New York Times reports." (KaiserNetwork.org)

Opinion: Flaws in Gephardt's Health Plan
Excerpt: "One has to wonder whether American politicians ever learn from the past, particularly those who would be president. In that regard, we need to give Rep. Richard Gephardt, Missouri Democrat, an 'A' for having his heart in the right place and an 'F' for letting it overcome his common sense." (Washington Times)

Health Care Experiences in Five Industrialized Countries: High Rates of Medical Errors Found (PDF)
16 pages. Excerpt: "The paper that follows reports findings from the 2002 Commonwealth Fund International Health Policy Survey of Sicker Adults in the United States, Canada, the United Kingdom, Australia, and New Zealand.... [D]espite clear structural differences among the systems, findings in all five countries reveal consistent dissatisfaction ... stemming from problems associated with medical errors, inadequate patient-physician communication, and insufficient coordination of care." (Health Affairs)

Women, Work, and Family Health: a Balancing Act (PDF)
4 pages. Excerpt: "This issue brief examines women's roles in family health care decision-making and coordination, the effect of that involvement for women who work, and women's caregiving responsibilities." (The Henry J. Kaiser Family Foundation)

Few California Residents, Providers Aware of Law on Independent Review of Health Plan Decisions
Excerpt: "Many managed care patients and physicians in California are unaware of a state program that allows patients to appeal the decisions of their health plans, according to a report issued last week by the California HealthCare Foundation, the Los Angeles Times reports." (KaiserNetwork.org)

Florida Considering Restrictions on Health Plans Sold Through Associations
Excerpt: "The Florida Legislature has unanimously approved a bill that would make it illegal for associations selling health plans in the state to employ pricing systems under which healthy members have lower premiums and members with pre-existing health conditions have higher premiums, the Wall Street Journal reports." (KaiserNetwork.org)

Slideshow Published Online by Physicians for a National Health Program
Excerpt: "PNHP's slideshows allow you to present health care information to your colleagues, friends, and family with the click of a button. We currently have two slide shows available, in two formats. The Powerpoint format is for those people who have Microsoft Powerpoint installed on their computers." (Physicians for a National Health Program)

Provision Regarding Mental Health Parity Included in FY 2004 Budget
Excerpt: "CongressDaily/AM on May 5 [reports that a] 'little-noticed provision' in the fiscal year 2004 budget resolution passed in April, proposed by Sen. Pete Domenici (R-N.M.), would allocate $5.4 billion in a general health account over 10 years to offset lost tax revenues caused by increased premiums if mental health parity legislation were to be enacted." (KaiserNetwork.org)

Question: Paid Leave Must Be Counted in Determining Whether Individual Has 1,250 Hours for FMLA?
Excerpt: "If a person has worked for an organization [that is subject to the Family and Medical Leave Act] for just short of a year and has a baby, can the person take FMLA leave once they hit the one-year mark-- even if they have been on vacation leave or short term disability from the birth [until] the one-year anniversary?" (Proskauer Rose via WorkIndex.com)


Links to Items on Executive Comp, Benefits in General

Tax on Option Exercise Wasn't Deferred by SEC's 'Short-Swing' Recapture Rule or 'Lockup' Agreement
5/5/2003. Excerpt: "The Fifth Circuit, affirming the Tax Court, has held that tax on compensation resulting from an exercise of a nonqualified stock option wasn't deferred by the Securities Exchange Act's 'short-swing profit rule' or a 'lockup' agreement that extended the 'short-swing' period for an additional 18 months." (RIA Tax News)

Link to Online IRS Directory for Tax Practitioners
Searchable database. (Internal Revenue Service)


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Investments and How to Invest
in FL
May 20, 2003
Employee Benefits Council of Central Florida


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