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August 4, 2003 - 8,429 subscribers
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Mandatory Health Coverage by Employers Likely to Become Law in California
Excerpt: "Legislators in the next few weeks will look at ways to expand healthcare coverage to the growing numbers of uninsured Californians, including plans to require employers to pay for coverage.... Some kind of employer mandate to provide health benefits is a given, observers say." (Sacramento Business Journal via bizjournals.com; one-time registration required)
11th Circuit: State Medical Malpractice Suit Against HMO Not Preempted by ERISA (PDF)
Land v. CIGNA Healthcare of Florida, No. 02-15549 (11th Cir. 07/30/03). FindLaw.com excerpt: "Plaintiff's state law medical malpractice claims against his employment-subscribed health maintenance organization, based upon a mixed decision of eligibility and treatment, are not preempted by ERISA." (U.S. Court of Appeals for the Eleventh Circuit, via FindLaw.com)
7th Circuit: District Court Erred in Applying State Law Common Fund Doctrine to Subrogation Case (PDF)
Admin. Comm. of the Wal-Mart Stores, Inc. Assocs. Health & Welfare Plan v. Varco, No. 02-3879/1124/1143 (7th Cir. 07/29/03). FindLaw.com excerpt: "A health and benefit plan's claim, seeking reimbursement for medical expenses paid in connection with an employee's car accident, is equitable under section 502(a)(3)(B) of ERISA, thus the district court had jurisdiction over the action; the court incorrectly found the Illinois common fund doctrine applicable to reduce the amount owed." (U.S. Court of Appeals for the Seventh Circuit, via FindLaw.com)
Florida Renews Disease Management Program
Excerpt: "Pfizer first pitched the disease management approach to Governor Jeb Bush (R) in 2000, as he sought ways to reduce Medicaid drug costs. New York, Texas, and other states are currently considering similar programs. A well-run disease management system, proponents say, can dramatically improve patient outcomes and reduce medical costs by emphasizing the health of the patient as a whole, not simply focusing on the specific disease being treated." (Heartland Institute)
Benefits Squeeze Also Eating Away at Paychecks
Excerpt: "In the third year of an economic downturn, more companies are refusing to absorb rising health-care costs and are nibbling away at retirement benefits." (The [San Jose] Mercury News)
Employers Funds Local Child-Care Initiatives
Excerpt: "Some large employers, including Intel Corp. and Lucent Technologies, have concluded that on-site child care isn't the best way to meet the diverse needs of their working parents. Instead of building million-dollar [centers, they are] helping expand and improve existing child care options closer to home." (BenefitNews.com)
Is Your Company Ignoring Older Workers?
Excerpt: "Even though experts predict a looming labor shortage that can be countered by hiring and retaining older workers, many older employees feel they aren't being given a fair shake. And the primary federal tool for protecting them-- the Age Discrimination in Employment Act (ADEA), which bars discrimination against those who are 40 and older-- doesn't seem to be helping their cause." (HR Magazine)
Managing Health Care Costs: Back to Basics (PDF)
6 pages. Excerpt: "[E]mployers must develop and implement a strategy to address rising health care costs today. Here's a place to start: [1] Know what you have: Summarize plan costs and determine primary cost drivers [2] Know where you stand: Benchmark plan costs, design and cost-sharing against the marketplace [3] Know where you're going: Solicit management's objectives for cost increases, employee relations and risk exposure ... [more.]" (Strategic Benefit Advisors, Inc.)
Diabetes: a Disease Employers and Employees Can Deal With
Excerpt: "[D]iabetes, in which the body fails to make or use insulin efficiently, can be controlled and even prevented, giving employers a golden opportunity to cut medical costs and improve productivity. All it takes is education and support for employees to eat right, exercise regularly and take their medications as prescribed." (BenefitNews.com)
Does Your Company's Mental Health Illness Coverage Need a Check-Up?
Excerpt: "Each year, about 22 percent of adults in the United States suffer from a diagnosable mental health disorder, according to the National Institute of Mental Health in Bethesda, Md. The most common mental health disorders that become manifest in the workplace are anxiety and depression, including major depression, chronic depression and bipolar disorder, also known as manic depression." (HR Magazine)
Opinion: Healthcare Reform the Right Way
Excerpt: "Instead of fixing Medicare by adding and bolstering market mechanisms to reduce costs and encourage innovation, Congress and President Bush may end up adding expensive benefits, increasing government control and hobbling competitive forces.... Members of Congress and their staffs get terrific health care through what is called the Federal Employees Health Benefits Program. The FEHBP keeps costs under control through competition and choice." (James K. Glassman in The National Review)
Links to Items on Executive Comp, Benefits in General
4th Circuit: ERISA 510 Suit Doesn't Preempt State Wrongful Discharge Claim
King v. Marriott Int'l Corp., No. 02-2139 (4th Cir. 07/28/03). FindLaw.com excerpt: "In an action for wrongful discharge under Maryland state law, asserting that plaintiff was discharged for complaining about and for refusing to violate ERISA, the district court erred by concluding that her claim was completely preempted by ERISA." (U.S. Court of Appeals for the Fourth Circuit, via FindLaw.com)
U.S. Steel Posts Loss on Pension, Healthcare Costs
Excerpt: "United States Steel Corp. on Monday reported a quarterly loss, compared to a profit last year, hurt by high pension and health care costs." (Reuters)
New Tax Laws May Change Stock Option Strategies
Excerpt: "[S]ome financial advisers say that many people fortunate enough to hold options that are above water should consider exercising them sooner rather than later because of recent changes in the tax law." (New York Times via SFGate.com)
Newly Posted or Renewed Job Openings
Retirement Plan Documentation Associate II
for Glens Falls National Bank & Trust Company
in NY
Compliance Specialist
for Intuit, Inc.
in CT
Marketing Coordinator
for Transamerica
in NJ
Pension Plan Administrator
for Beltz Consulting, LLC
in NV
Benefit Administrator
for ENERGI
in CA
Actuary/Consultant
for Pencor, Inc.
in FL
Newly Posted Conferences
(Post Yours!)
Fundamentals of Health & Welfare and Retirement Plans
in TX
August 19, 2003
Houston Chapter: International Society of Certified Employee Benefit Specialists
Newly Posted Press Releases
(Post Yours!)
Leadership Pulse Shows Sales, Net Profit and Employment to Improve
(eePulse, Inc.)
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