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June 27, 2003 - 8,342 subscribers
Today's sponsor: HRcertification.com

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HIPAA Privacy Update: newly-released Security Standards
Details on the newly-released Security Standards have been added to
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(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Broad Medicare Bill Passes House, Senate
Excerpt: "Medicare prescription drug legislation eased through the Senate and squeaked through the House early Friday, setting up challenging negotiations on a final compromise that President Bush hopes to sign later this summer." (Washington Post)

N.Y. Times Coverage of Medicare Bill Passage in House and Senate
Excerpt: "The House vote was 216 to 215 in a dramatic roll-call that lasted more than 40 minutes, with the 'nays' outnumbering the 'yeas,' until several Republicans switched their votes. Conservative Republicans joined most House Democrats in voting against the bill ..." (New York Times; one-time registration required)

Medicare Debate Offers Relief, Uncertainty
Excerpt: "For millions of older Americans, the historic move in Congress toward major changes in Medicare promises some relief from crushing prescription drug bills but also poses a raft of questions. The House and the Senate each have their own approach for delivering a $400 billion prescription drug benefit, leaving Medicare recipients to ponder which version would best meet their needs." (Washington Post)

House of Representatives Approves Health Savings Accounts
Excerpt: "House voted 237-191 along party lines on Thursday to pass the bill establishing new Health Savings Security Accounts. House Republicans planned to fold it into their legislation adding a prescription drug benefit to the Medicare health insurance program." (AP via New York Times; one-time registration required)

Summary of Health Savings Account Legislation, by House Ways & Means Committee (PDF)
1 page. Excerpt: "HSA funds can be spent on prescription drug costs, retiree health insurance (after age 65, including Part B premiums), long term care services and insurance, COBRA coverage, and the costs of medical services. Those not receiving employer-provided coverage can use their HSA funds to buy insurance.... Eligible accountholders and employers can make pre-tax contributions to an HSA." (Published online by the ERISA Industry Committee)

Health Plan CEOs Helping to Reshape the Health Care Policy
Excerpt: "Last June ... United HealthGroup Chairman and CEO William W. McGuire challenged the health plan community to 'step above the micro, incremental issues of the day and help drive discussion to a higher level.'Meanwhile, a number of CEOs, in very different ways, have rejected the status quo in favor of forceful advocacy and innovation." (Healthplan via Medscape; one-time registration required)

Employee Who Was Unable To Stay Awake On the Job Was Entitled To FMLA Leave: Seventh Circuit
An employee who was unable to stay awake on the job as a result of a period of depression was entitled to medical leave under the Family and Medical Leave Act (FMLA). This was the ruling of the Seventh Circuit U.S. Court of Appeals in Byrne v. Avon Products, Inc. (No. 02-2629). (Spencer Benefits Reports)

Opinion: Sharing of Health-Care Data Needs a Tuneup
Excerpt: "Is your car getting better health care than you are? For many Americans, the answer is yes, and tens of thousands of people in this country are dying needlessly each year as a result. When you take your car in for servicing, you expect it to get all the procedures needed to keep it running. But a new RAND Health study, which I co-authored, finds that American adults are getting only 55% of the medical services they need." (Elizabeth A. McGlynn of RAND)


Links to Items on Executive Comp, Benefits in General

Flurry of New Developments for Plan Sponsors: What Are the Next Steps? (PDF)
2 pages. Excerpt: "The last few weeks have witnessed several important developments for plan sponsors. We want to summarize each development and suggest some practical next steps to consider.... COBRA Notices-- New Regulations ... Black & Decker Disability Plan v. Nord ... Updated IRS Correction Program ... Audits on Plan Payment of Expenses ...' (Gardner Carton & Douglas LLC)

Delaware Court Warns Directors and Officers on Oversight of Executive Compensation
Excerpt: "On May 28, 2003, the Delaware Court of Chancery issued a ruling that could expose directors of The Walt Disney Company (Disney) to personal liability for asserted breaches of their fiduciary duties in the hiring and subsequent termination of Michael Ovitz as Disney president--decisions that resulted in an alleged $140 million payout for a [single] year's work." (Perkins Coie)

Gays Celebrate, and Plan Campaign for Broader Rights
Excerpt: "San Francisco, June 26 -- Gay men and lesbians poured into the streets today to celebrate a Supreme Court decision striking down or strictly limiting the country's last remaining sod*my laws in 13 states.... Activists and scholars said that by essentially acknowledging gay relationships as legitimate, the Supreme Court justices gave the gay rights movement a new credibility in debates about marriage, partner benefits, adoption and parental rights." (New York Times; one-time registration required)

Text of Supreme Court Decision in Lawrence v. Texas
The majority in the case cited the right to privacy as invalidating sod*my laws, whether directed specifically at homos*xual practices or at all nonprocreative s*x. It raises the question of whether federal laws that in some instances preclude pension and welfare plans from treating domestic partners or parties to a civil union in the same way as married couples can survive possible court challenge. (U.S. Supreme Court)

Opinion: a Roe v. Wade for Gay Rights
Excerpt: "The Court was perfectly happy to instruct Texans on what they ought to think about homos*xuality, a subject not addressed in the Constitution and historically left to state legislatures.... Perhaps the Justices were too preoccupied with the burden of playing Solomon in the nation's culture wars.... The nine Justices are not legislators ... and in deciding Lawrence they have once more usurped the electorate's right to find its own consensus on matters of social mores." (Wall Street Journal)


Newly Posted or Renewed Job Openings
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Pension Administrator
for Lebenson Actuarial Services
in NV

Director, Integrated Disability Management
for USAA
in TX

Trust Allocation Specialist II
for Regions Financial Corporation
in AL

Human Resource Services Senior Manager
for Ernst and Young
in MN

Marketing and Sales Representative
for PENSCO Trust Company
in CT, MA, ME, NH, RI, VT
Newly Posted Conferences
(Post Yours!)

Reasonable Accommodation: Flexible Work Arrangements, Light Duty and Leave Audio Conference
in ALL STATES
July 17, 2003
Thompson Publishing Group
Newly Posted Press Releases
(Post Yours!)

U. S. Labor Department Sues Enron, Executives and Plan Officials For Failing to Protect Workers
(U.S. Department of Labor, Employee Benefits Security Administration)

Buck Consultants Study Finds `Wait-and-See' Position On Stock Option Expensing May Cost Companies Dearly
(Buck Consultants)


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