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| May 10, 2007 |
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Plaintiff's Misrepresentation Claims Survive Preemption Challenge
Excerpt: "In this case, an employee of Pfizer, Dr. Thurman, filed suit alleging that Pfizer misrepresented the monthly pension to which he would be entitled after five years of employment with the company." (Health Plan Law blog by Attorney Roy F. Harmon III)
EBRI Article Reprint: ERISA Pre-emption and Health Care Reform: A History Lesson (PDF)
Excerpt: "Now that issue of national health care reform has been revived as a topic of debate on Capitol Hill -- and along with it the issue of ERISA pre-emption of state health insurance regulation -- EBRI is reprinting [Michael S.] Gordon's article [originally published March 1993]. Now, as then, his observations provide both historical and fresh perspective on the conflicts over ERISA and federal pre-emption." (Employee Benefit Research Institute)
Enrollment Under Way in CalPERS Fund for Retiree Health Care
Excerpt: "CalPERS on Monday announced that Thousand Oaks in Ventura County became the first government agency to enroll in a new trust fund to which CalPERS members could contribute funds for future retiree health costs, the San Francisco Chronicle reports . . . ." (California HealthCare Foundation; free registration may be required)
More Than 4,400 HIPAA Privacy Violations Resolved Through Corrective Action
Excerpt: "[F]rom Spencer's Benefits Reports: In the last four years, the Department of Health and Humans Services' (HHS) Office of Civil Rights (OCR) has investigated and resolved through corrective action 4,447 cases involving violations of the privacy rules of the Health Insurance Portability and Accountability Act." (Wolters Kluwer Law & Business)
National Review of HIPAA Compliance Finds Rampant Confusion and Mistakes
Excerpt: "In addition to misapplying minimum necessary to treatment, the study also documents pervasive confusion about how state laws dovetail with HIPAA, particularly in the area of substance abuse and mental health treatments, and overlapping and conflicting practices concerning patient consent policies and procedures." (REPORT ON PATIENT PRIVACY via AISHealth.com)
Health Care System Viewed As Worsening, Survey Finds
Excerpt: "Nearly half of all U.S. adults believe the healthcare system is getting worse, according to a new national survey released [yesterday] by the Catholic Healthcare West health system." (Modern Healthcare; free registration required)
Kaiser HMO HealthConnect Project Criticism Goes Public
Excerpt: "[A] WSJ article describes a now public conflict between Kaiser Permanente and an employee (now former employee) over an information system called Health Connect. The issue is making the rounds on the health care blogs. While Kaiser denies the allegations of system failures, Computer World magazine ran an article based upon a a 722-page internal report obtained by Computerworld." (Health Plan Law blog by Attorney Roy F. Harmon III)
Value-Based Plans Said to Pay for Themselves and Pass Legal Muster
Excerpt: "Health plans that implement value-based insurance designs -- which may reduce or eliminate copayments on targeted 'high-value' prescription drugs -- can offset the reduced copay revenue by boosting members' cost sharing on lower-valued services, according to experts." (Drug Benefit News via AISHealth.com)
Guarding Against Employee Fraud and Theft in Health Care Organizations
Excerpt: "Although in previous EBN issues I have offered advice to employers on SAS 70 audits, I recently have been fielding calls regarding health care fraud. What follows is a sampling of the questions I've received, and my advice to employers to protect themselves." (Charles Denyer via Employee Benefit News)
Support Grows for Health Care Coalition
Excerpt: "Support appears to be growing for a coalition initiated by an unlikely pair -- Wal-Mart Stores Inc. and the Service Employees International Union -- that aims to push affordable, quality health care as a top priority for politicians." (The Houston Chronicle)
Hewitt Federal Legislation Quick Guide Updated May 8, 2007, for Health and Welfare Plans (PDF)
21 pages. This Federal Legislation Quick Guide provides short updates on federal legislation that is currently under active consideration by Congress or has recently been enacted into law regarding health and welfare benefit plans. (Hewitt Associates)
Survey Shows Flexibility for Moms Might be a Workplace Point of Contention
Excerpt: "About 70% of employees do not think working moms get more of a break than everyone else, but nearly 60% of working men say flexibility for working mothers causes some resentment among coworkers." (PLANSPONSOR.com; free registration required)
Links to Items on Executive Comp, Benefits in General
EBRI Notes Article: Income of the Elderly Population Age 65 and Over, 2005 (PDF)
Pages 1-6 of 12 pages. Excerpt: "This article reviews the latest available data on the older population's income (age 65 and older), how it has changed over time, and the elderly's reliance on these sources." (Employee Benefit Research Institute)
Testimony at House Committee Hearing on Effects of Misclassifying Workers as Indep Contractors
Excerpt: "Congressman Jim McDermott (D-WA), Chairman of the Subcommittee on Income Security and Family Support, and Congressman Richard Neal (D-MA), Chairman of the Subcommittee on Select Revenue Measures [held] a joint hearing on the effects of misclassifying workers as independent contractors [on May 8]." (U.S. House Committee on Ways and Means)
Opinion: Entitlements Rob Americans of $51 Trillion
Excerpt: "Adding it all together yields $51 trillion: $14.4 trillion in present value of direct net benefits from Social Security, $29 trillion of direct net benefits from Medicare, and an additional $7.6 trillion of indirect and hidden triple dipping of the Social Security trust funds." (Investor's Business Daily via Cato Institute)
Saving Our Future Requires Tough Choices Today: Fiscal, Retirement, and Health Care Insecurity (PDF)
42 pages. David Walker presentation before the Association for Advanced Life Underwriting on May 2, 2007. (U.S. Government Accountability Office)
Managing the Risks Associated with Stock Options Backdating
Excerpt: "Stock options backdating does not inherently violate any federal mandates. But for companies that lack visibility into option issuance processes, options backdating can create real business risks because of SEC disclosure and IRS tax accounting requirements." (The New York State Society of CPAs)
Hewitt Federal Legislation Quick Guide for May 8, 2007, on Human Resources & Employment Law (PDF)
11 pages. This Federal Legislation Quick Guide provides short updates on federal legislation that is currently under active consideration by Congress or has recently been enacted into law regarding human resources and employment law. (Hewitt Associates)
Overview: EBSA's Semiannual Regulatory Agenda
Excerpt: "The Employee Benefits Security Administration (EBSA) has released its semiannual regulatory agenda, which outlines regulations that have been selected for review or development during the next year, as well as any regulations that have been finalized during the last six months." (Wolters Kluwer Law & Business)
The New Career Paradigm: Flexibility Briefing (PDF)
19 pages. Excerpt: "WFD Consulting conducted the study which sought to identify the workplace factors most critical to job satisfaction and personal fulfillment, and to understand whether these factors make a difference in employees' decisions to join or leave an employer." (WFD Consulting via The American Business Collaboration for Quality Dependent Care)
Newly Posted Events
401(k) Plan Workshop
in Michigan on May 24, 2007
presented by SunGard Relius
401(k) Plan Workshop
in Nebraska on May 24, 2007
presented by SunGard Relius
401(k) Plan Workshop
in Pennsylvania on May 24, 2007
presented by SunGard Relius
Automatic Enrollment in 401(k) Plans
Nationwide on June 7, 2007
presented by AccuDraft, Inc.
BACK BY POPULAR DEMAND -- 2006 Form 5500, Schedule A to SSA and Back Again
Nationwide on June 18, 2007
presented by Thompson Interactive, A Division of Thompson Publishing Group
DC-2 Webcourse Now Available - Corporate Registration Discounts Also Available
Nationwide on May 10, 2007
presented by ASPPA (American Society of Pension Professionals & Actuaries)
Determination Letter Applications In-Depth
Nationwide on June 28, 2007
presented by AccuDraft, Inc.
Form 5500 Workshop
in Pennsylvania on May 23, 2007
presented by SunGard Relius
Form 5500 Workshop
in Michigan on May 23, 2007
presented by SunGard Relius
Form 5500 Workshop
in Nebraska on May 23, 2007
presented by SunGard Relius
IRA Elements 2007 -- Essential Elements of Periodic Training-Beginner
in Florida on June 19, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Advanced
in Oklahoma on June 20, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Advanced
in Minnesota on June 20, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Advanced
in Florida on June 20, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Advanced
in Arkansas on June 21, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Beginner
in Minnesota on June 19, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Beginner
in Arkansas on June 19, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Beginner
in Arkansas on June 20, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Beginner
in Florida on June 21, 2007
presented by Wolters Kluwer Financial Services
IRA Elements 2007 -- Essential Elements of Periodic Training-Beginner
in Oklahoma on June 21, 2007
presented by Wolters Kluwer Financial Services
IRS Final Section 409A Regs: Clarity on Deferral Elections and Payment Timing
Nationwide on June 13, 2007
presented by Thompson Interactive, A Division of Thompson Publishing Group
Nonqualified Deferred Comp for LLCs, Partnerships, S-Corps, Not-For-Profit and Mid Size Organizations - Webcast
Nationwide on May 17, 2007
presented by Retirement Capital Group
Personalized Total Comp Benefit Statement Services Webinar
Nationwide on May 17, 2007
presented by Benefit Software Inc.
Roth Contributions and Distributions Finalized
Nationwide on June 21, 2007
presented by AccuDraft, Inc.
Section 409A: Drafting and Amending Executive Employment and Separation Agreements under the Final Regulations on Deferred Compensation
Nationwide on May 15, 2007
presented by ALI-ABA (American Law Institute-American Bar Association)
Section 409A: Executive Employment and Separation Agreements under the Final Regulations on Deferred Compensation - Webcast
Nationwide on May 15, 2007
presented by ALI-ABA (American Law Institute-American Bar Association)
The 5th Annual 412(i)Summit
Nationwide on August 1, 2007
presented by Executive Benefits Design Group
WEBINAR: Employee Record Retention -- What to Keep in Avoiding Employment Litigation
Nationwide on May 31, 2007
presented by Thompson Interactive, A Division of Thompson Publishing Group
Newly Posted Press Releases
Report Projects Future Need for Long-Term Care, Effects on Family and Public Policy
Urban Institute
ERIC Announces Release of Patient-Centered Primary Care Collaborative Principles
ERIC (ERISA Industry Committee)
National Business Group on Health Honors CIGNA as One of Best Employers for Healthy Lifestyles
National Business Group on Health
Unum Named One of Best Employers for Healthy Lifestyles
Unum
Americans Anxious About Their Health Security
Catholic Healthcare West (CHW)
Civil Service Recognizes Same-Sex Marriages for Spousal Coverage under New York State Health Insurance Program
New York State Department of Civil Service
Newly Posted or Renewed Job Openings
(Post a Job | View All Jobs)
Benefits Consultant
for Northwestern Benefit Corporation of Georgia
in GA
Account Relationship Manager
for Beneco, Inc.
in AZ
Product Relationship Manager
for Merrill Lynch
in NJ
Associate Attorney
for Hitesman & Associates, P.A.
in MN
Internal Retirement Plan Consultant
for Merrill Lynch
in NJ
Defined Contribution Administrator
for HPL&S Inc.
in IL
Pension Specialist
for Nationwide Insurance
in OH
Pension Benefit Advisor (PA/Upstate NY Region)
for The Guardian Life Insurance Company of America
in DC, DE, MD, NJ, NY, PA
Head of Compensation and Employee Benefits
for Rady Children's Hospital
in CA
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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