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March 11, 2005
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Complete Benefits Law Guidance from Law Journal Press The nation's workforce and health care system are constantly evolving and so are the legal issues. Law Journal Press helps you handle any benefits law question with up-to-date, authoritative books on all aspects of the field. Get legal and practical advice from leading experts on everything from COBRA to ERISA, "contingent" employees to family and medical leave, and more. Browse our product listings for detailed information and special offers.
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Must Covered Health Care Provider Obtain Individual's Authorization to Use an Interpreter?
Excerpt: "No, when a covered health care provider uses an interpreter to communicate with an individual, the individual's authorization is not required when the provider meets the conditions below. Covered entities may use and disclose protected health information for treatment, payment and health care operations without an individual's authorization, 45 CFR 164.506(c)." (U.S. Department of Health & Human Services)
Discount Medical Cards: Innovation or Illusion? (PDF)
16 pages. Excerpt: "Discount medical cards have come under increasing scrutiny by regulators and law enforcement officials as a result of mounting consumer-reported problems. For their study, the authors tested five cards available in the Washington, D.C., metro area; interviewed card company representatives, state attorneys general, insurance regulators, and insurance agents; and reviewed court and administrative actions." (The Commonwealth Fund)
Overview: Additional Guidance Released by CMS for Retiree Pres.cription Drug Plans
Excerpt: "The Centers for Medicare and Medicaid Services issued additional guidance today for employers or unions with retiree medical plans that cover pres.cription drugs. Some sponsors of larger plans may wish to contract directly with CMS to provide drug benefits. Others may wish to negotiate unique benefit packages with Medicare vendors." (Chicago Consulting Actuaries)
Opinion: Consumer-Driven Health Plans Need Driven Consumers
Excerpt: "Will a consumer-driven health plan save company money? Of course it will, just like raising deductible or office visit co-pay save money. It's called cost shifting. The trick, of course, is sustained cost savings and, more importantly, changed behaviors. Here is where the jury is still out, and will be for a long time." (Richard D. Quinn via BenefitNews.com)
Supreme Court Declines Challenge to Coal Industry Retiree Health Benefit Act
Excerpt: "The Supreme Court on Monday declined to hear a case brought by a former coal company that sought reimbursement for money it paid into a government-mandated retirement fund, the Charleston Gazette reports. Brink's, formerly the Pittston Co., claimed payments it made under the Coal Industry Retiree Health Benefit Act of 1992 -- a provision established after many coal companies went out of business and ceased paying retirement benefits -- were an unconstitutional form of taxation." (Kaiser Family Foundation)
Issue Brief: Profile and Analysis of the 26 Medicare Advantage Regions
40 pages. Excerpt: "This issue brief examines the 26 new Medicare Advantage PPO regions and their implications for beneficiaries. The paper describes the characteristics of the new Medicare Advantage regions and the extent to which Medicare Advantage plans are already available in each region." (The Henry J. Kaiser Family Foundation)
Links to Items on Executive Comp, Benefits in General
Sponsors Sarbanes and Oxley Urge Congress to Wait before Changing Law's Provisions
Excerpt: "A pair of lawmakers who led the fight to approve a major corporate-responsibility initiative said yesterday that the law should be given more time to work before Congress decides whether to tinker with its sometimes controversial and costly provisions." (The Washington Post; one-time registration required)
A Primer on Nonqualified Deferred Compensation
Excerpt: "What is 'nonqualified deferred compensation,' or NQDC? .... Compensation may take many forms - cash, pensions, medical benefits, severance, stock, etc. And if you don't receive the compensation within 2 1/2 months after the year that you earned it, or acquired a legally binding right to it, it is considered deferred. Unless that deferred compensation falls under one of the exceptions, such as for qualified pension plan benefits or bona fide vacation leave, it is considered NQDC." (Chicago Consulting Actuaries)
Overview: First IRS Guidance on New Deferred Compensation Rules (PDF)
6 pages. Excerpt: "Notice 2005-1 is only the first installment of guidance from the IRS and many issues (e.g., treatment of foreign plans and trusts, the definition of key employees) are not addressed. Nonetheless, the guidance provides some welcome transition relief and gives employers the basic framework for proceeding with respect to many of their NQDC arrangements." (Mellon Financial Corporation)
Overview: New Employer Obligations Relating to Military Leave (PDF)
4 pages. Excerpt: "On December 10, 2004, the President signed into law the Veterans Benefits Improvement Act (the 'Act'). This Act, which amends the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), has two important implications for employers." (Kilpatrick Stockton LLP)
Overview: Department of Labor Publishes USERRA Notice Just Before the Deadline
Excerpt: "One of the [USERRA] changes was a new requirement that employers provide a notice to employees of their rights and duties under USERRA beginning ..., March 10th. All employers, regardless of size, have to comply with this requirement. [T]he Department of Labor released an 'interim final rule' that contains sample text for the notice. A copy of that notice is available ... on the DOL/VETS web page [http://www.dol.gov/vets/programs/userra/poster.pdf]. " (Faegre & Benson LLP)
Newly Posted Press Releases
PSCA Joins Effort To Urge Congress To Make EGTRRA Retirement Plan Improvements Permanent March 11, 2005
(Profit Sharing/401(k) Council of America (PSCA))
PBGC Will Assume Ground Employee Pension Plan At UAL
(Pension Benefit Guaranty Corporation (PBGC))
U. S. Secretary of Labor Elaine L. Chao Appoints 2005 ERISA Advisory Council and Leadership Posts
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))
Council Urges Congress To Make Permanent Pension Reforms Enacted in 2001
(American Benefits Council)
Pension Consultants, Inc. Develops Proxy Voting Service in Response to Fiduciary Concerns over Corporate Governance
(Pension Consultants, Inc.)
Newly Posted or Renewed Job Openings
Institutional Wholesaler/Investment Sales Consultant
for Meeder Financial
in OH
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