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April 16, 2004 - 8848 subscribers
Today's sponsor: Employee Benefits Institute of America Inc. 



Do Your Health Plans Comply with HIPAA?
HIPAA imposes far-reaching privacy requirements on health plans, plan
administrators, and insurers--and EBIA is here to help! Our HIPAA
Portability & Privacy manual is the best resource for HIPAA privacy
compliance. The manual is also the best resource on HIPAA portability
(such as special enrollments, PCEs, certificates of creditable coverage,
and nondiscrimination)! A great two-for-one deal!
Learn More

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Authority to Grant or Deny Claims and to Write Checks Makes Third-Party Administrator a Fiduciary
Guardsmark, Inc. v. Blue Cross & Blue Shield of Tenn. (W.D. Tenn. 2004). Excerpt: "EBIA Comment: Most TPAs take the position that they are not ERISA fiduciaries, citing many of the same arguments raised by the TPA in this case. The court here, though, relying on a functional definition of 'fiduciary,' looked at the practical, day-to-day control and authority exercised by the TPA to determine that the TPA was a fiduciary." (Employee Benefits Institute of America (EBIA))

California Committee Approves Bill To Establish Prescription Drug Reimportation Web Site
Excerpt: "The Assembly Health Committee on Tuesday voted to approve legislation (AB 1957) that would require the Department of Health Services to establish a Web site to facilitate reimportation of lower-cost, U.S.-made pres.cription drugs from Canadian online pharmacies that meet certain safety requirements, the Ventura County Star reports." (California Healthcare Foundation)

Bookmark: the HSA Insider
Excerpt: "The HSA Insider web site and newsletter is published by Dan Perrin, who is a recognized expert and advocate of Health Savings Accounts. Mr. Perrin also serves as the Executive Director of the HSA Coalition, a Washington, D.C. based coalition of non-profit organizations that has been in existence for more than a decade. The Coalition worked tirelessly to help pass the legislation which created the Archer MSA, the pilot version of today's Health Savings Account." (Dan Perrin)

Overview: Employer-Provided HSAs Generally Are Not ERISA Plans, DOL Says
Excerpt: "[F]or employers that have HSAs and that don't take any of the actions that the DOL indicates would trigger ERISA, this guidance not only removes the cloud of uncertainty that was looming, but it also eliminates the administrative burdens associated with ERISA plans, including reporting, disclosure, and fiduciary obligations. To the extent that other mandates (such as HIPAA portability and COBRA) are imposed by ERISA, they will not apply." (Employee Benefits Institute of America (EBIA))

Overview: April 14, 2004 HIPAA Compliance Deadline for Small Employers (PDF)
4 pages. Excerpt: "Many employers may not realize this, but HIPAA explicitly requires that the privacy requirements be added to the plan document and summary plan description for the group health plan. This, of course, begs the question of whether the employer has a plan document and summary plan description for the group health plan. In most instances, the answer to this question is no." (Adam Cantor of Brown Rudnick Berlack Israels)

Update on Contraceptive Litigation and Settlements (PDF)
11 pages. Excerpt: "The remainder of this Memo highlights the legal developments in 2002-2004 (since the Bartell decision) and looks ahead as to what to expect in the near future on the contraception issue starting with a case pending against Wal-Mart." (David Livingston of TIC International Corporation)

Health Savings Accounts Take Center Stage (PDF)
5 pages. Excerpt: "Employers are carefully evaluating what role the tax-advantaged 'health savings accounts,' or HSAs, created by the sweeping 2003 Medicare reform law could play in their health benefit programs, a task made somewhat easier by recent guidance on some potentially difficult issues." (Gardner Carton & Douglas)

Links to Items on Executive Comp, Benefits in General

Eighth Circuit Applies Ten-Year Statute of Limitations to Lawsuit for Benefits Under ERISA
Shaw v. McFarland Clinic, P.C. (8th Cir. 2004). Excerpt: "The employee in this case requested pre-authorization for a medical procedure, as required by her employer's self-funded group health plan. Three years after the plan's final denial of pre-authorization, the employee sued the employer for wrongful denial of benefits under ERISA." (Employee Benefits Institute of America Inc. (EBIA))

Governor of Massachusetts Seeks to Delay Same-Sex Marriages
Excerpt: "With only a month before same-sex marriages are to become legal in Massachusetts, Gov. Mitt Romney made a last-ditch effort on Thursday to keep them from taking place for at least two and a half years." (New York Times; one-time registration required)

IRS Stepping Up Tax Audits of Corporate Executives
Excerpt: "Included in the original examination was heightened scrutiny on executive benefits. Following the initial inquiry, the IRS identified eight areas that needed more oversight: ..." (PLANSPONSOR.com; one-time registration required)

Opinion: Senate Restrictions on Nonqualified Deferred Compensation Plans Go Too Far (PDF)
6 pages. Excerpt: "Congress' interest in imposing new restrictions on deferred compensation programs is certainly understandable in view of the high-profile abuses that have been exposed in recent years. Yet legislation should not undermine performance-based pay vehicles that are in the best interest of shareholders." (HR Policy Association)

Newly Posted Events

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Minnesota on June 30, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in California on April 20, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Colorado on April 23, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Massachusetts on May 20, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Pennsylvania on May 21, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Wisconsin on May 24, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Illinois on May 25, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Florida on June 7, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Missouri on June 16, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Texas on June 23, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Iowa on June 29, 2004
presented by Technical Answer Group, Inc. and Global Benefit Advisors

Qualified Retirement Plan Update Seminar - Plan Design & Current Developments - Spring 2004
in Georgia on May 5, 2005
presented by Technical Answer Group, Inc. and Global Benefit Advisors
Newly Posted Press Releases

Newkirk Announces HMO Plus — All-new Document Publishing System
(Newkirk)

Pension Agency Honors Problem Resolution Officer
(Pension Benefit Guaranty Corporation (PBGC))

Native Washingtonian Honored by Pension Agency
(Pension Benefit Guaranty Corporation (PBGC))

Budget Director Receives Distinguished Career Service Award from Pension Agency
(Pension Benefit Guaranty Corporation (PBGC))

"Executive Compensation" from CCH Provides Wide-Ranging Treatment
(CCH Incorporated)

The ESOP Association Outraged By American Bar Association’s Commission on Law and Aging’s Draft Recommendation to Kill Employee Ownership Through ESOPs
(ESOP Association)
Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

2nd Vice President, Creative Services
for New York Life Investment Management
in MA, NY

401(k) Compliance Manager
for ADP Retirement Services
in NJ

Pension Administrator
for The Weiss Group, Inc.
in IL

Pension Installation Project Manager-NBI
for Transamerica
in CA

Defined Benefit Pension Administrator
for Bruce & Bruce Company
in IL

401(k) / Pension Administrator
for Benefit Systems, Inc.
in TX

Manager, RFP's
for Diversified Investment Advisors
in NY

Implementation Manager
for Great-West Life & Annuity
in CO

Operations Specialist for Daily-Valued Defined Contribution Plans
for The Heintzberger Company
in OR

Director of Retirement Plans
for UnumProvident Corporation
in ME

Defined Contribution Analyst
for Jacob, Haxton & Boord, LLC.
in OH

Benefits Assistant
for Dewey Ballantine LLP
in NY

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