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June 21, 2004 - 8702 subscribers
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Text of S. Ct. Decision Finding ERISA Preemption of Texas HMO Negligence Statutory Cause of Action (PDF)
26 pages; Aetna Health Inc. v. Davila; CIGNA Healthcare of Texas, Inc. v. Calad (Nos. 02-1845 and 03-83, June 21, 2004). Excerpt: "In these consolidated cases, two individuals sued their respective health maintenance organizations (HMOs) for alleged failures to exercise ordinary care in the handling of coverage decisions, in violation of a duty imposed by the Texas Health Care Liability Act (THCLA) ..." (U.S. Supreme Court via AmericanBenefitsCouncil.org)

New Accounting Rules to Expose Long-Term Cost of Retiree Health Plans of State, Local Governments
Excerpt: "New accounting standards will require state and local governments to acknowledge the full cost of health benefits promised to retirees, putting immense pressure on public employers to reduce their liabilities by scaling back benefits or shifting more of the cost to retirees, government officials and accountants say." (New York Times; one-time registration required)

Overview: Final COBRA Regulations Require Major Overhaul to COBRA Notices and Procedures
Excerpt: "The new COBRA notice rules take effect January 1, 2005 for calendar year plans. For all other plans, the rules take effect the first day of the first plan year beginning on or after the date that is six months after May 26, 2004. For example, a health plan with a March 1 plan year will have until March 1, 2005 to comply." (HayGroup)

Overview: the New COBRA Regulations (PDF)
27 pages. Excerpt: "December 1, 2004 is the earliest date on which any new requirements imposed by the Final Regulations will apply, and only for group health plans with a plan year beginning on December 1st." (Antoinette M. Pilzner, J.D. of Butzel Long, P.C. via Society for Human Resource Management)

Appeals Court Upholds Berkeley CA's 'Living Wage' Law That Includes Health Benefits
Excerpt: "The Berkeley law set a minimum wage of $9.75 plus health benefits for those companies. Firms covered by the law but that did not provide health benefits were required to pay $11.37 an hour." (Physicians for a National Health Plan)

Federal Judge Sees 'Disturbing Pattern of Erroneous and Arbitrary' Denials by First Unum, Unum Life (PDF)
At p. 45 of 76-page document; Trust v. First Unum Life Insurance Company of America (D. Mass. No. 02-12477-WGY, June 15, 2004). Excerpt: "[A]n examination of cases involving First Unum and Unum Life Insurance Company of America, which like First Unum is an insuring subsidiary of Unum Provident Corporation, reveals a disturbing pattern of erroneous and arbitrary benefits denials, bad faith contract misinterpretations, and other unscrupulous tactics." (U.S. District Court for the District of Massachusetts, via Brininger LTD ERISA Litigation Web Site at www.erisa.md)

Overview: IRS Revenue Ruling Offers Employers New Design Opportunity for Disability Plans
Excerpt: "Employers can give their employees the opportunity to choose each year whether to pay short- and long-term disability premiums on a pre- or after-tax basis without causing the plan to be treated as a contributory plan under applicable Treasury regulations, according to Revenue Ruling 2004-55. This revenue ruling ... confirms a position the IRS took in a private letter ruling last year ..." (Deloitte's Washington Bulletin)

Friday/Monday FMLA Absences May Permit Employer To Request Medical Recertification (PDF)
2 pages. Excerpt: "The DOL recently issued an opinion letter regarding the ability of an employer to require medical recertification when an employee with a chronic condition takes intermittent leave under the Family and Medical Leave Act in a Friday/Monday pattern." (Mellon's Human Resources & Investor Solutions)

Employee Benefits: Can I Bring My Kids?
Excerpt: "Just 3% of businesses with fewer than 100 employees provide childcare in the office, according to a survey of 580 companies conducted in 2003 by the Society for Human Resource Management." (TheStreet.com)

Overview: New Medicare Pres.cription Drug Benefit Creates Choices for Retiree Drug Plan Sponsors
Excerpt: "If the pres.cription drug benefit is actuarially equivalent to the benefits provided by Part D, an employer can take advantage of a new federal subsidy beginning in 2006. Alternatively, an employer could reduce its retiree health plan expenses by modifying the pres.cription drug benefit coverage to coordinate the benefits with Part D benefits or eliminating the coverage altogether ... Learn what are the most cost-effective ways to take advantage of Part D." (HayGroup)

Boston Globe Opinion Pieces Address Pres.cription Drug Reimportation
Excerpt: "The Boston Globe on Monday featured two opinion pieces that examined whether consumers should be allowed to import lower-priced, U.S.-made pres.cription drugs from Canada." (KaiserNetwork.org)

Eli Lilly Executive Warns of Effects of Pres.cription Drug Reimportation on Industry
Excerpt: "Reimporting U.S-made pres.cription drugs from Canada would result in de facto price controls, reduced profits and less pharmaceutical research, Eli Lilly Pharmaceutical Operations Director John Lechleiter said Thursday, the Indianapolis Star reports." (KaiserNetwork.org)

BCBS Plans Expected To Have Lower Premium Increases This Year
Excerpt: "Facing 'political pressure' after a 'banner 2003,' not-for-profit Blue Cross and Blue Shield companies are lowering their health care premium rate increases this year, which has contributed to a 'wider slowdown' in health premium rate increases for some employers and consumers, the Wall Street Journal reports." (KaiserNetwork.org)

Study Says Consumer-Directed Health Plans Attract Healthier Employees
Excerpt: "A new study of consumer-directed health plan enrollee behavior shows the new plan design, when it is offered as an option, attracts healthier employees than other, traditional health plans." (Business Insurance)

Newly Posted Events

Cross-Tested Plan Workshop - Explore the Possibilities
in Michigan on November 4, 2004
presented by SunGard Corbel

Cross-Tested Plan Workshop - Explore the Possibilities
in New York on November 4, 2004
presented by SunGard Corbel

Cross-Tested Plan Workshop - Explore the Possibilities
in Ohio on November 4, 2004
presented by SunGard Corbel

Cross-Tested Plan Workshop - Explore the Possibilities
in Iowa on November 4, 2004
presented by SunGard Corbel

Cross-Tested Plan Workshop - Explore the Possibilities
in Illinois on November 9, 2004
presented by SunGard Corbel

Safe Harbor 401(k) Plan Workshop - Discover the Advantages
in Ohio on November 5, 2004
presented by SunGard Corbel

Safe Harbor 401(k) Plan Workshop - Discover the Advantages
in Iowa on November 5, 2004
presented by SunGard Corbel

Safe Harbor 401(k) Plan Workshop - Discover the Advantages
in Michigan on November 5, 2004
presented by SunGard Corbel

Safe Harbor 401(k) Plan Workshop - Discover the Advantages
in New York on November 5, 2004
presented by SunGard Corbel

Safe Harbor 401(k) Plan Workshop - Discover the Advantages
in Illinois on November 10, 2004
presented by SunGard Corbel
Newly Posted Press Releases

ICC Plan Solutions completes deal with CBH Pensions
(Metrics Partners)
Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Defined Benefit Pension Administrator
for Bruce & Bruce Company
in IL

Employee Benefits Trust Officer
for Regions Financial Corporation
in AL

Employee Benefits Tax Senior
for Deloitte
in GA

Tax Manager - Employee Benefits Tax Services
for Deloitte
in TX

Benefit Plan Administrator
for EBS Benefit Solutions, An Excellus Company
in NY

Service Specialist
for Principal Financial Group
in NY

Compliance Testing Consultant
for Diversified Investment Advisors
in NY

International Research Consultant
for Hewitt Associates
in IL

Benefits Project Manager
for Hewitt Associates
in IL

Investment Analyst
for Aon Consulting
in WA

Defined Contribution Analyst
for Standard Insurance Company
in OR

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