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November 10, 2004
Today's sponsor: World Congress

(Click on company name or banner to learn more.)

The 2nd Annual WORLD HEALTH CARE CONGRESS
January 30 – February 1, 2005 ~ Washington DC ~ Marriott Wardman Park Hotel
The 2nd Annual 2005 World Health Care Congress is the most progressive
forum to achieve an affordable, accountable U.S. health care system.
Co-sponsored by the Wall Street Journal and CNBC, the 2004 executive
conference initiated a dialog of national significance. The 2005
conference achieves significant strides in implementing actionable
solutions as it will convene all stakeholders - over 1500 CEOs, senior
executives and government officials from the nation’s largest employers,
hospitals, health systems, health plans, pharmaceutical and leading
government officials.

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
AMIA Supports Use of Voluntary Healthcare Identifier for Individuals' Medical Health Records
Excerpt: "The Board of the American Medical Informatics Association voted last week to support the adoption of a voluntary healthcare identifier that would easily enable the cross-referencing of an individual's health records regardless of where care is provided. In a statement announcing the board's decision, AMIA noted that it 'has always been a leading proponent of the use of health information technology throughout the healthcare system to improve patient safety, reduce medical errors, ...." (HealthcareITNews)

New Traps for the Unwary in Managing Absenteeism and Leaves of Absence under the ADA
Excerpt: "[E]mployers have had to learn to identify the circumstances under which the ADA permits them to obtain medical information. .... [T]he ADA permits an employer to conduct medical inquiries or examinations regarding current employees only if a far more nebulous standard is satisfied – the inquiry must be 'job-related and consistent with business necessity.'" (Wildman Harrold via Findlaw for Corporate Counsel)

Better Dental and Vision Benefits for Federal Employees Could Be Approved in Lame-Duck Session
Excerpt: "Congress returns next week for a lame-duck session and, in its rush to wrap up spending bills and overhaul intelligence agencies, may squeeze in approval of legislation that would enhance dental and vision benefits for federal employees." (The Washington Post; one-time registration required)

State of California Backs Merger of Two Giant Blue Cross Plans -- Anthem and WellPoint Health
Excerpt: "Anthem and WellPoint Health Networks, two giant Blue Cross plans, finally won approval yesterday from California's insurance commissioner for their $16.4 billion merger, which would create the nation's largest health insurer. The two companies had to promise to spend $265 million to help improve health services in the state." (The New York Times; one-time registration required)

President Bush's 2nd Term: Prescribing Private Solutions for the Nation's Healthcare Problems (PDF)
28 pages. Excerpt: "Our findings ... are based on reviews of Bush policies over the last four years, analysis of campaign statements, research on trends in the health industry and government policy, and interviews with numerous healthcare provider, employer, pharmaceutical, and life sciences leaders. This report provides an analysis of ... key health policy proposals, challenges, and opportunities for the health industry, and our estimate [of] the likelihood of implementation ...." (PricewaterhouseCoopers’ Health Research Institute; registration required)

Towards Incremental Progress in Health Insurance Coverage: Key Facts About Groups of Uninsured (PDF)
21 pages. Excerpt: "Some national policymakers are interested in health reform strategies that cover particular groups of uninsured, rather than all uninsured Americans. Such incremental strategies follow the precedent of expansions over the past decade such as the State Children's Health Insurance Program ... and Health Coverage Tax Credits .... The following fact sheets discuss various classifications of uninsured Americans who could become the focus of future incremental expansions, ...." (Economic and Social Research Institute)

Study Suggests That Employers Take Lead on Work/Life Issues
Excerpt: "Are employers finally becoming sensitized to their employees' desire for work/life balance? The answer is yes, and a recent study suggests that some employers are even overly sensitive--if that's possible. I say that because a recent survey by Randstad North America ... has an unusual finding: ... 60 percent of the 1,116 employers questioned felt their workers would much prefer a job with a personal life." (Chicago Tribune; one-time registration required)

Full Text of Health Law News, November 9, 2004, Edition Includes Managed Care Contract Case (PDF)
Page 2 of 5 pages. Excerpt: "A hospital sued an ERISA plan under the terms of a managed care contract that provided that if the plan failed to pay the hospital promptly, the negotiated discount would revert to billed charges. .... To see Pascack Valley Hospital v. Local 464A UFCW Welfare Reimbursement Plan, No. 03-4196, (3d Cir. November 1, 2004) go to http://www.ca3.uscourts.gov/opinarch/034196p.pdf" (Jenkens & Gilchrist, PC)


Links to Items on Executive Comp, Benefits in General

BLS Study Shows Roughly a Third of Private-Sector Employees Lack Health and Retirement Plans
Excerpt: "Only 60 percent of private-sector workers have access to a retirement plan, while 69 percent have access to employer-sponsored health insurance plans. Those numbers are little changed from last year, according to a survey released Tuesday. The National Compensation Survey, conducted by the Bureau of Labor Statistics, found that 69 percent of private industry employees had access to employer-sponsored health plans in March 2004, with 53 percent of eligible workers participating, ...." (CNNmoney)

Summary: National Compensation Survey: Employee Benefits in U.S. Private Industry, 2004 (PDF)
27 pages. Excerpt: "In addition to presenting data on access to benefit plans, the tables in this release include data on days of paid vacations and holidays, provisions of life insurance plans, and employee contributions to costs of medical care premiums, and the share of costs between employees and employers." (U.S. Bureau of Labor Statistics)

Opinion: Intervention Before Bankrup.tcy -- Force Financially Challenged Firms to Cap Legacy Costs
Excerpt: "There are lots of factors here, not the least of which is chronic global overcapacity in the auto industry. But any fair analysis immediately focuses on 'legacy costs,' the billions of dollars paid by these companies each year for the pensions and health care costs of retirees. Because of increased longevity and waves of successive layoffs, retirees from the Big Three now outnumber active workers by about 2 to 1." (The Washington Post; one-time registration required)

Social Security Numbers: Governments Could Do More to Reduce Their Display
65 pages. Excerpt: "SSNs are ... a key piece of information used for committing identity crimes. The widespread use of SSNs by both the public and private sectors and their display in public records have raised concern over how SSNs might be misused and how they should be protected.' Highlights are online at http://www.gao.gov/highlights/d0559high.pdf (U.S. Government Accountability Office)

Overview: New Tax Law Eases S Corporation Limitations
Excerpt: "The American Jobs Creation Act of 2004 (H.R. 4520) was signed into law on October 22 and contains significant revisions to the Subchapter S rules. These revisions ease eligibility requirements and liberalize certain tax reporting and compliance requirements. The new rules will make it easier for existing small businesses to convert to S corporation status and for new businesses to elect S corporation status." (Buchanan Ingersoll PC)

Analysis: American Jobs Creation Act: Executive Compensation and Employee Benefits Provisions (PDF)
36 pages. Excerpt: "The American Jobs Creation Act of 2004 ... contains several provisions affecting executive compensation and employee benefits. By far the most important of the changes contained in the Act are new statutory rules governing the taxation of nonqualified deferred compensation." (Sutherland Asbill & Brennan LLP)

Text: The Ticking Time Bomb: What State Governments Can Do About Retirement Income Adequacy (PDF)
Pages 1-9. Excerpt: "This article summarizes discussions at two regional meetings held in September 2004 by members of the Reforming States Group about how state governments can most effectively respond to the likelihood that a large number of today's public- and private-sector workers won't be able to afford even a modest standard of living in retirement, particularly if they get hit with major home health or nursing home bills." (Employee Benefit Research Institute)


Newly Posted Events

Benefits Bootcamp
in Ohio on December 1, 2004
presented by Worldwide Employee Benefits Network (WEB) - Cleveland Chapter

Current Issues with 401(k) Plans
Nationwide on December 8, 2004
presented by McKay Hochman Co., Inc.
Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Plan Administrator
for New York Life Investment Management LLC
in MA

Defined Contribution Operations Manager
for New York Life Investment Management LLC
in NJ

Retirement Plan Administrator
for WESPAC
in CA

Client Services Administrator - US Outsourcing
for Mercer Human Resource Consulting
in MA

AVP/Project Manager
for Merrill Lynch
in NJ

Account Manager
for Retirement Service Organization
in NY


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Editor and Publisher: David Rhett Baker, J.D.

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