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| April 30, 2007 |
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| Record Retention Requirements for Health & Welfare Plans |
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Opinion: Genetics Nondiscrimination Bill Needs Clarification to Prevent Harm to Plan Sponsors (PDF)
Excerpt: "Without a clarification, it is very likely that every genetics information claim for civil penalties under ERISA will be accompanied by a lawsuit against employers for compensatory and punitive damages under title II of GINA." (American Benefits Council)
Summary of House-Approved Bill Prohibiting Discrimination Based on Genetic Information
Excerpt: "Genetic Information Nondiscrimination Act of 2007 - Amends [ERISA] and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers in the group and individual markets on the basis of genetic information or services to prohibit: (1) enrollment and premium discrimination based on information about a request for or receipt of genetic services; and (2) requiring genetic testing. Sets forth penalties for violations." (Library of Congress)
Part 2 of Series on Claim Denials by Health Plans; Disclosure Requirements on Administrative Appeal
Excerpt: "This article addresses another aspect of [Metzger v. UNUM Life Ins. Co. of America, 10th Cir.], namely, the scope of the plan administrator's disclosure obligations during an administrative appeal of a claim denial." (Health Plan Law blog by Attorney Roy F. Harmon III)
Officer Paid Through Management Agreement Was Not Eligible Employee Under Disability Plan
Excerpt: "After being injured in a snowboarding accident, the physician in this case made a claim for disability benefits under a policy issued to a company of which he was part owner. The physician's duties as the company's CEO were described in an employment agreement between him and the company." (Employee Benefits Institute of America)
New York Governor Orders Benefits for Employees in Same-Sex Marriages
Excerpt: "The Spitzer administration has ordered governments across the state to begin offering health insurance and other benefits to the same-sex spouses of government employees if the couples were married in Can.ada or other jurisdictions that have legalized such marriages. The new policy, to take effect Tuesday, will affect 378 state agencies and 800 local governments . . . " (The Buffalo News)
Companies Call For EAPs to Assist in Identifying and Helping Domestic Violence Victims
Excerpt: "Lost-productivity costs as a result of domestic violence add up to $727.8 million annually, and 7.9 million paid workdays are lost a year, according to the Center for Disease Control and Prevention. An employer coalition is seeking to work with employee assistance programs to ensure that they know how to spot the signs of abuse." (Workforce Management)
Federal Employees Abuse Transit Vouchers
Excerpt: "Federal employees are going online to sell the mass transit fare cards the government buys them, congressional auditors say. Employees are also exaggerating their commuting costs, and some continue to receive transportation subsidies after leaving the government." (GovExec.com)
Opinion: Will Violating Health Information Privacy Prevent Mass Murders?
Excerpt: "Eliminating privacy laws is not the cure for the Virginia massacre. Every disaster brings another call to violate the privacy of every American, as if widespread electronic surveillance of the nation's sensitive medical records will cure all evils, but it won't." (Modern Healthcare)
Physician Creates Own Local Care Network in Suburban Dallas for Small Employers
Excerpt: "A growing list of what now includes 70 small-business owners in Collin County pay him $40 per covered employee every month. In return, their employees receive same-day service from a family doctor, steep discounts from 30 specialists who are friends of Dr. Simmons and membership into Personal Rx, Dr. Simmons' discount pharmacy program." (Dallas Morning News)
HMO's $650,000 Claim Against Employer for Failure to Track Eligibility Is Not Subject to ERISA
Excerpt: "The HMO in this case paid over $650,000 in medical claims for an employee who was not eligible at the time the expenses were incurred. . . . Under the contract between the HMO and the employer, the employer was responsible for certifying the correctness of plan eligibility information. So the HMO sued the employer in state court . . . . The employer moved the case to federal court on the ground that ERISA controlled the lawsuit." (Employee Benefits Institute of America)
Employer's Health Plan Required to Cover Expenses of Adopted Child
Excerpt: "This case involved a dispute about liability for the substantial medical expenses of a newly born, newly adopted child who suffered from severe birth defects. . . . ERISA group health plans covering dependent children of participants or beneficiaries must provide the same benefits to such children who are placed for adoption that are provided to natural children of participants or beneficiaries. The mandate applies whether or not the adoption has become final . . . " (Employee Benefits Institute of America)
Robert Wood Johnson Foundation: 'We Will Reverse the Epidemic of Childhood Obesity'
Excerpt: "Coast to coast, the insidious spread of childhood obesity is the rule rather than the exception, even in the most food-secure corners of the country. City, suburbia, exurbia, rural countryside -- no family or community is immune. . . . Unless we turn back the epidemic of obesity at its point of origin -- among our children -- our society will pay a terrible human and financial price for as far out into the future as we can see." (Robert Wood Johnson Foundation)
Drugmakers, Doctors Get Cozier
Excerpt: "The ties between doctors and drug companies are deepening despite voluntary guidelines to curb excesses, adopted in 2002 . . . The tactics work. Another study . . . last week found that visits by detailers prompted nearly half of 97 physicians to increase prescriptions of gabapentin . . ." (Washington Post; free registration required)
Prescription Drug Costs Expected to Grow in 2008 and 2009
Excerpt: "Prescription drug costs increased at a slower rate in 2006 than in 2005, but the growth rate is projected to increase in 2008 and 2009 because of fewer generic drug releases and higher spending on specialty drugs, according to Express Scripts' annual drug trend report, the St. Louis Post-Dispatch reports." (Kaisernetwork.org)
California Senate Committee Moves Forward on Healthcare Reform Proposals
Excerpt: "The Senate Health Committee on Wednesday approved legislation (SB 48) by Senate President Pro Tempore Don Perata (D-Oakland) to rework California's health care system and expand health insurance coverage . . ." (California Healthline by the California HealthCare Foundation)
A Look at Some Causes for Excess Health Savings Account Contributions
Excerpt: "Correcting an excess HSA contribution when there isn't enough money in the account to do so is difficult, at best. This may occur if an individual takes distributions prior to discovering or realizing that an excess contribution exists. Although this can occur with IRAs, it is more likely with HSAs due to relatively low balances and the frequent transactions that can occur as HSA owners incur medical expenses." (ComplianceHeadquarters)
IRS Releases Reporting 2007 Form and Instructions for HSA and Archer MSA Trustees and Custodians
Excerpt: "The IRS has released a revised version of Form 5498-SA for the 2007 tax year, and a revised version of the Instructions for Forms 5498-SA and 1099-SA, to reflect new HSA contributions permitted by the Tax Relief and Health Care Act of 2006 (TRHCA). Trustees and custodians of HSAs and Archer MSAs must use Form 5498-SA to report contributions to (and the fair market value of) these accounts, and they must report distributions on Form 1099-SA." (Employee Benefits Institute of America)
Links to Items on Executive Comp, Benefits in General
Text of ABA Tax Section's Comments on 409A Issues re Timing of Income Reporting and Withholding (PDF)
26 pages; submitted April 25, 2007. Excerpt: "The following Comments pertain to Internal Revenue Service Notices 2005-1, 2005-94, and 2006-100 and Regulations sections 1.409A-1 through -6, addressing the application of section 409A of the Internal Revenue Code 1986 . . . to nonqualified deferred compensation plans." (Section of Taxation, American Bar Association)
Newly Posted Press Releases
Defined Contribution Plan Sponsors Should Take Steps Now to Address Plan Fees and Disclosures
Mercer Human Resource Consulting
ftwilliam.com Announces the Release of a Plan Highlights Document
ftwilliam.com
BenefitsCheckUp.Org Can Help Seniors Enjoy a Healthier Future
National Council on Aging (NCOA)
Newly Posted or Renewed Job Openings
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Retirement Marketing Professionals
for The Douglas Group
in NJ, NY
Director, Customer Service
for MassMutual Financial Group
in MA
Retirement & Saving Plan Manager
for Wal-Mart Stores, Inc.
in AR
Benefits Analyst
for Milliman, Inc
in WA
Account Manager
for Cammack LaRhette Consulting
in MA
Senior Investment Analyst - Defined Contributions
for Ennis Knupp & Associates
in IL
Director, Retirement Financial Services
for ABD Insurance and Financial Services
in CA
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