October 17, 2006 Today's sponsor: Employee Benefits Institute of America Inc. (EBIA) (Click on company name or banner to learn more.)
Overview of Final Regulations Implementing the Massachusetts Fair Share Premium Contribution Excerpt: "In assessing whether an employer makes a Fair and Reasonable Premium Contribution, the final regulation establishes two tests -- a primary test and a secondary test. If an employer passes either test for a year, then it has no obligations to make any fair share contributions to the Commonwealth." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.) IRS Explains Differences Among Mileage Rates for Medical, Business, and Other Purposes Excerpt: "Three Information Letters recently issued by the IRS explain why the standard mileage rate for medical expenses is so much lower than the rate for business expenses." (Employee Benefits Institute of America Inc.) Wellness Programs Work, But Beware Legal Landmines Excerpt: "[E]mployers should be aware that some wellness programs can run afoul of federal and state laws in terms of reasonable accommodation, privacy, confidentiality of personal health information, and protection of off-duty conduct." (Business & Legal Reports, Inc.) Employer Liable for Failure to Disclose Health Care Network Information Excerpt: "The California Workers' Compensation Appeals Board has held that an employer is liable for an employee's out-of-network medical costs since it failed to inform him of its medical provider network system." (PLANSPONSOR.com; one-time registration required) Court Lets Claim for COBRA Coverage Continue Where Date of Qualifying Event Was in Dispute Excerpt: "In a short opinion based on limited facts, the court determined there was an issue whether a qualifying event (the employee's termination) had occurred in November 2004 or November 2005 and denied the county's motion to dismiss." (Employee Benefits Institute of America Inc.) Participant Benefit Assignments Do Not Foreclose Hospital's State Law Claims Against Health Plan Excerpt: "While seemingly simple in concept, suits by healthcare providers against health plans for payment for services rendered to ERISA plan participants have been troubling to federal courts. For example, while providers routinely obtain assignment of benefits from plan participants, courts have struggled with whether such assignments should elevate providers to claimant status under 29 U.S.C. ยง 1132(a)." (Health Plan Law) Lack of Use of National Provider Identifier Vexes Insurers; Transition Period Requested Excerpt: "Although health plans are further along in complying with the National Provider Identifier (NPI) than are providers, a group advising HHS on NPI policy is calling for a six-month transition period that would allow providers to continue submitting legacy IDs in addition to their NPIs until November 2007." (MANAGED CARE WEEK via AISHealth.com) Health Information Technology in the United States: The Information Base for Progress (PDF) 84 pages. Excerpt: "This report aims to improve the collection of data on EHR adoption among physicians, group practices and hospitals. The report first reviews existing data sources, including ongoing national surveys and one-time or regional studies. It then recommends a coordinated, systematic national approach to measuring EHR dissemination and implementation that builds on past data collection activities." (Robert Wood Johnson Foundation) New York State Insurance Department Proposes Health Risk Allocation Program Excerpt: "The New York State Insurance Department has come up with a proposal for a new system for helping individual and small group health insurers cover the sickest patients. . . . New York has shut down the old risk-adjustment mechanism, a 'market stabilization' pool, and it hopes to have a simpler, more consistent mechanism in place by 2007, officials say in a statement discussing the design for the proposed risk-pooling program." (National Underwriter Life & Health; free one-time registration or paid subscription required) Understanding the American Public's Health Care Priorities: A 2006 Perspective Excerpt: "Americans' top health care concerns are mostly related to economic insecurity: rising costs and the problems of the uninsured. . . . Although most Americans do not think that the health system is in crisis, the public remains dissatisfied with both the country's health care and public health systems." (Health Affairs) Comments and Presentation on the Role of States in Achieving a High Performance Health System The target page has a link to the PowerPoint charts used at the October 16 keynote presentation given at the National Academy for State Health Policy annual conference by the president of The Commonwealth Fund, Karen Davis. (The Commonwealth Fund) Opinion: The Way to Better, Cheaper Health Care -- Don't Make It a Human Right Excerpt: "The solution is less, not more, government involvement in healthcare. Market forces have consistently lowered the cost and improved the quality and accessibility of food - which is at least as important to human survival as is healthcare. There's no reason markets can't do the same for healthcare." (The Christian Science Monitor via BlueCross BlueShield Association) Links to Items on Executive Comp, Benefits in General Second Circuit Defers to SEC in Determining How to Distribute Funds Under Sarbanes-Oxley (PDF) Excerpt: "The Second Circuit's opinion also highlights the tension between the priority assigned to claims under the Bankrup.tcy Code and the SEC's broad discretionary authority under the Fair Funds provision. The Second Circuit's decision effectively resolves that tension in favor of the SEC by providing that the SEC does not have to follow the Bankrup.tcy Code's claim priorities when developing a distribution plan." (Paul, Hastings, Janofsky & Walker LLP) Extensive Overview of Tabular Disclosure of Executive Compensation (PDF) 21 pages. Excerpt: "This legal alert specifically addresses general information regarding the revisions to the tabular disclosure rules for executive compensation." (Sutherland Asbill & Brennan LLP) Old Stock Options Still Haunt an Insurer The article examines the granting of stock options at UnitedHealth Group. (The New York Times; one-time registration required) Overview of Equity Compensation Design: Market-Based Restricted Stock Excerpt: "One particularly attractive feature of market-based restricted stock is that it generally has a significantly lower grant date fair value than restricted stock that is subject to only service vesting conditions." (CCA Strategies, LLC) Survey Says Companies Scaling Back on Equity Awards Excerpt: "Companies are scaling back on equity compensation awards and stock options and are not filling the gap with other types of incentive compensation, according to a recent survey of mid-sized employers." (PLANSPONSOR.com; one-time registration required) Newly Posted Events Benefits Boot Camp in Ohio on November 9, 2006 presented by Worldwide Employee Benefits Network (WEB) - Cleveland Chapter Cash Balance Plans: Back on the Table Nationwide on October 17, 2006 presented by Business Insurance Magazine Legislative Update in District of Columbia on November 14, 2006 presented by Capital Chapter ISCEBS The Pension Protection Act 2006-- Planning for small businesses under the act. Nationwide on October 19, 2006 presented by Executive Benefits Design Group Trends in Transparency: SEC Disclosure Requirements and 409A Update in Ohio on October 19, 2006 presented by WEB (Worldwide Employee Benefits Network) Cleveland Chapter Newly Posted or Renewed Job Openings
Consultant 401(k) for Qualified Benefits, Inc - QBI (a wholly owned subsidiary of BenefitStreet, Inc.) in CA Sr Account Manager, Regional Services (Defined Contribution Plans) for Standard Insurance Company in OR Integrated Benefits/BOL/SDB/Small Business Project Mgr. for Merrill Lynch in NJ Training Specialist for Defined Contribution Retirement Plans in VA Adjustment Specialist for CitiStreet in NJ Team Leader for the Research and Adjustment Department for CitiStreet in NJ Principal Analyst for University of California in CA Regional Vice President - Carolinas for BISYS Retirement Services in NC, SC, VA Regional Vice President for BISYS Retirement Services in ANY STATE Client Service Manager for Mammini Company in CA Senior Administrative Analyst for University of California in CA Senior Benefits Administrator for Milliman, Inc. in WA Retirement Plan Consulting Manager for Invesmart, Inc. in TX Plan Consultant for Diversified Investment Advisors in NY Handy Links:
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