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February 12, 2004 - 8,783 subscribers
Today's sponsor: CBI’s 2nd Annual Disease Management Summit for Employers, Providers and Health Plans
(Click on company name or banner to learn more.)
Al Lewis and Warren Todd to speak at CBI's Disease Management Summit! CBI’s 2nd Annual Disease Management Summit for Employers, Providers and Health Plans: Improve Productivity and Outcomes While Reducing Absenteeism and Healthcare Costs, April 22-23, 2004 in Washington D.C. The Summit features employers and healthcare strategists who will present innovative strategies to evaluate and implement disease management programs. Through in-depth case studies, speakers and healthcare strategists will present financial and clinical outcomes that have effectively managed health care costs, decreased absenteeism and improved productivity for employees with chronic conditions.
(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Text of IRS Notice 2004-16 Clarifying Form 1099-MISC Not Required for Pre-2003 FSA Payments (PDF)
Excerpt: "Rev. Rul. 2003-43 states that payments made to medical care providers through the use of debit, credit, and stored-value cards are reportable to the Internal Revenue Service by the employer on Form 1099-MISC ... This [notice is] to assure employers and third party administrators that FSA and HRA payments for medical care will not be subject to information reporting [for payments made after December 31, 2002]." (Internal Revenue Service)
Are You Using the Safest Method To Deliver COBRA Notices?
Excerpt: "This COBRA Tip explains the safest method to use for delivery of COBRA notices - the one that affords the most protection from expensive litigation and penalties for COBRA violations. It also discusses the pitfalls of other methods, which although not unlawful, are definitely not recommended." (OnQue Technologies, Inc.)
Texas Prompt Pay Law Not Preempted by ERISA (PDF)
At page 3 of 5-page document. Excerpt: "In a case decided in early January, a federal trial court in Dallas ruled that ERISA does not preempt a hospital's claim under a prompt pay provision of the Texas Insurance Code. This was a battle. It will not likely end the war. The status of prompt pay laws and ERISA preemption will likely be fought in many other federal venues." (Jenkens & Gilchrist)
Son Crusades for Mom; Goes to Law School to Continue Claim Against HMO
Excerpt: "He claims that California's largest health maintenance organization wrongly denied his mother a potentially life-saving bone marrow transplant. 'They killed my mom,' he says. Kaiser lawyers say the HMO did all it could for Mrs. Yedalian. The outcome of [Zevart] Yedalian's lawsuit could have broad implications for Kaiser and other HMOs, according to some consumer advocates and attorneys who are closely following the case." (Los Angeles Times via Foundation for Taxpayer & Consumer Rights)
Rev. Proc. 2004-12: How a State Elects a Health Program to Qualify for Health Coverage Tax Credit (PDF)
5 pages. Excerpt: "This section sets forth the procedures that a state must follow in order to elect to have coverage described in paragraphs (2) through (8) of section 2.05 of this revenue procedure (state-based continuation coverage or coverage under other state-based plans) treated as qualified health insurance. As described in section 2.07 of this revenue procedure, such coverage is not qualified health insurance unless such an election is made." (Internal Revenue Service)
eHealthInsurance Launches Online HSA Learning Center
Excerpt: "eHealthInsurance, announced a new addition to its website, www.eHealthInsurance.com: Health Savings Account Learning Center, an online area providing information and tools dealing with Health Savings Accounts (HSAs)." (PLANSPONSOR.com; one-time registration required)
Preventive Medicine Gets More Aggressive
Excerpt: "[T]he epidemics of diabetes, cardiovascular disease and other chronic ailments are bringing new urgency to the concept of preventive care -- and taking it to a much more aggressive level." (Wall Street Journal via SFGate.com)
Employers Can Help Reduce Obesity Rates Among Workers, Report Finds
Excerpt: "California employers can help reduce obesity among workers by offering healthier food choices and improving access to physical activity in the workplace, according to a Department of Health Services report, the Stockton Record reports." (California HealthCare Foundation)
Are Employee-Funded HSAs Subject to Nondiscrimination Testing?
Excerpt: "Interpreted literally, pre-tax contributions to HSAs are subject to Sec. 125 nondiscrimination testing. However, a Treasury official indicated (informally) on Jan. 13 that pre-tax contributions to an HSA might not be considered employer contributions." (BenefitNews.com)
Health Spending Projections Through 2013
Excerpt: "[D]uring the next ten years health spending growth is expected to outpace economic growth. As a result, the health share of gross domestic product (GDP) is projected to increase from 14.9 percent in 2002 to 18.4 percent in 2013." (Health Affairs)
Senators Consider Introducing Scaled-Back Legislation That Would Allow Drug Reimportation
Excerpt: "A 'powerful' group of senators have begun to discuss plans to introduce a 'scaled-back' bill that would allow the reimportation of lower-cost, U.S.-manufactured pr*scription drugs from Canada, The Hill reports." (KaiserNetwork.org)
Democrats Show Slippery Grip on Health Issues
Excerpt: "Most polls show health care is a top concern for Democratic primary voters. The Democratic presidential candidates talk about health care regularly, but they don't always provide an accurate description of the issues and figures involved. NPR's Julie Rovner reports." (National Public Radio)
Opinion Split Over Private Plans to Administer New Medicare Drug Benefit
Excerpt: "Despite the bitter debate surrounding the passage of the new Medicare drug benefit, many lawmakers agreed that providing pr*scription drug coverage for the nation's 41 million elderly was an important policy goal. But there's far less consensus on whether the new law, with its reliance on private plans to negotiate deals on behalf of the federal government, will be able to drive down the increasing costs of pr*scription drugs." (Medscape; one-time registration required)
Links to Items on Executive Comp, Benefits in General
IRS Launches Web Page on Abusive Tax Shelter Schemes Involving Employee Retirement Plans
Press release. Excerpt: "In the new section, the IRS identifies so-called 'listed transactions' involving employee retirement plans. It also provides recently issued guidance -- such as Treasury regulations and IRS revenue rulings -- intended to shut down transactions the IRS deems abusive." (Internal Revenue Service)
American Airlines Moves to Save Golden Parachute
Excerpt: "AMR Corp., parent of American Airlines, is fighting a proposal that would require shareholders to sign off on lucrative severance agreements for top executives if the company is acquired. The proposal was filed in December by John Chevedden, a small investor and shareholder activist in Redondo Beach, Calif. He wants AMR shareholders to have a say in whether the company offers the agreements -- called 'golden parachutes' -- to top executives." ([Fort Worth] Star-Telegram)
International Legal Equity Plans: a Legal Update (PDF)
Excerpt: "In June of 2003, the World Law Group released its publication entitled International Employee Equity Plans: Participation Beyond Borders ... This comprehensive book analyzed the legal implications with respect to offering stock to employees in over 30 countries.... [W]e have created this newsletter to briefly highlight for you law changes in various countries since the book's release and to demonstrate the World Law Group's proactiveness in the global stock area." (World Law Group via Gardner Carton Douglas LLP)
Overview: COLI Legislation Taxes Benefits, Mandates Employee Consent
Excerpt: "Federal legislators have hammered out a bill regarding corporate-owned life insurance (COLI) that, while it adds a layer of consent to the sales process, still is acceptable to life insurers and brokers." (BenefitNews.com)
Newly Posted Events
401(k) Plan Workshop - New Format! - Additional Location
in Washington on March 3, 2004
presented by SunGard Corbel
ERISA Litigation
in Illinois on May 13, 2004
presented by ALI-ABA (American Law Institute-American Bar Association)
Newly Posted Press Releases
IRS Launches Web Section on Abusive Tax Shelter Schemes Involving Employee Retirement Plans
(Internal Revenue Service (IRS))
GILSBAR, Inc. to Provide Health Plan Administration for The Stockmen's Bancorp
(Gilsbar, Inc.)
Northwest Airlines Honored by Assist America for Outstanding Customer Service
(Assist America, Inc.)
Newly Posted or Renewed Job Openings
Account Service Representative, Employee Benefits
for Fred C. Church Insurance
in MA
Senior Pension Administrator/Consultant
for Thomas, Doll & Company, CPAs
in CA
Manager, Retirement Services
for Retirement Financial Services Company
in ME
Project Manager PEO-MEP
for Transamerica
in CA
Pension Consultants/Administrators
for Northern NJ Mid-Size Pension Consulting Firm
in NJ
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