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May 14, 2007
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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.

Text of Rev. Proc. 2007-36: COLA Adjustments to HSA Maximum Contribution for 2008 (PDF)
Excerpt: "For calendar year 2008, the limitation on deductions . . . for an individual with self-only coverage under a high deductible health plan is $2,900. For calendar year 2008, the limitation on deductions . . . for an individual with family coverage under a high deductible health plan is $5,800. . . . [A] 'high deductible health plan' is . . . a health plan with an annual deductible that is not less than $1,100 for self-only coverage or $2,200 for family coverage . . ." (Internal Revenue Service)

Genetic Non-discrimination in Employment: Comparison of Title II Provisions in Bills (PDF)
37 pages. Excerpt: "This report compares the provisions of H.R. 493 and S. 358 relating to GINA's prohibition of genetic discrimination in employment." (Congressional Research Service)

Genetic Nondiscrimination in Health Insurance: Side-by-Side Comparison of Provisions in Bills (PDF)
14 pages. Excerpt: "This report provides a comparison of the Title I provisions in H.R. 493 and S. 358. Those provisions would extend the current Health Insurance Portability and Accountability Act (HIPAA) protections against discrimination by group health plans and issuers of health insurance in both the group and individual markets, and restrict their collection, use and disclosure of genetic information." (Congressional Research Service)

CalPERS in Bind of Trying to Provide Reasonable Health Insurance Rates for All Its Members
Excerpt: "Experts say there is no simple culprit for the high cost of health care in the rural areas. Some explanations include low patient volumes at hospitals, fewer doctors and specialists available to patients, a larger uninsured population and a population with more serious ailments." (The Sacramento Bee; free registration required)

HHS Launches Enhanced Website on HIPAA Privacy Compliance and Enforcement
Excerpt: "To coincide with the fourth anniversary of the HIPAA Privacy Rule, the Office of Civil Rights (OCR) of HHS recently launched an enhanced website on HIPAA privacy compliance and enforcement. The website is divided into three sections: (1) Enforcement Process; (2) Enforcement Highlights; and (3) Case Examples." (Employee Benefits Institute of America Inc.)

MBGH Starts Diabetes Management Program with Chicago-Area Employers
Excerpt: "[F]rom Spencer's Benefits Reports: Five Chicago-area employers have signed on to a diabetes management program coordinated by the Midwest Business Group on Health (MBGH). The MBGH announced the employer involvement as part of a new pilot program in the Diabetes Ten City Challenge developed jointly by the American Pharmacists Association and drugmaker GlaxoSmithKline." (Wolters Kluwer Law & Business)

New Competition Seeks 'Disruptive Innovations' in Health and Health Care
Excerpt: "A competition has launched to find disruptive innovations that could dramatically reshape the health and health care marketplace. The online competition, 'Disruptive Innovations in Health and Health Care-Solutions People Want,' is sponsored by the Pioneer Portfolio of the Robert Wood Johnson Foundation (RWJF) and uses a unique open source competition model developed by Changemakers, an initiative of Ashoka that promotes enterprising solutions to social problems." (Robert Wood Johnson Foundation)

Overview: IRS Guidance on Hospital-Physician Electronic Health Record Arrangements (PDF)
2 pages. Excerpt: "The IRS has released an internal memorandum from the Director of the Exempt Organizations Division addressing the provision of financial assistance by tax-exempt hospitals to staff physicians in the context of electronic health record ('EHR') arrangements." (Drinker Biddle & Reath LLP)

Insurers and Medical Scans: As Usage of Technology Increases, So Does Cost
Excerpt: "The overall cost of diagnostic imaging is estimated at well over $100 billion annually in the United States. That's about a nickel of each health spending dollar. That's gotten the attention of insurers, who have put up more hurdles and imposed more controls, creating hassles for doctors and patients alike. Sometimes they refuse to pay at all.' (The Baltimore Sun; free registration required)

Court Upholds Benefit Denial Based on Determination that Child Is Not Eligible 'Full-Time Student'
Excerpt: "EBIA Comment: Eligibility provisions for 'full-time' students pose difficult plan design and administration issues. From a plan design prospective, it is difficult to draft bright-line definitions of 'full-time' because of the variety of requirements and programs in post-secondary education. On the other hand, it is important for the employee to be able to easily determine when a child is no longer eligible for a group health plan so that the employee can notify the plan . . . ." (Employee Benefits Institute of America Inc.)

Texas Senate Approves Mental Health Parity Legislation
Excerpt: "The Texas Senate on Thursday approved a bill on a 28-3 vote that would require health insurers to provide coverage for mental health care at the same level as physical health care, the AP/Houston Chronicle reports." (Kaisernetwork.org)

Opinion: A Bipartisan Push on Health Care Reform
Excerpt: "The lack of federal action has spurred many states to act on their own to reform their healthcare systems. And here, ironically, is where Congress can help. A bipartisan group of federal lawmakers are capitalizing on this trend by supporting and encouraging state innovation. One unlikely pair, Sens. Russ Feingold (D-Wisc.) and Lindsey Graham (R-S.C.) have joined together to introduce the State-Based Health Reform Act." (The Washington Post; free registration required)

Knowledge on HSAs Falls Short for Some Consumers, Survey Shows, But Many Are Interested
Excerpt: "The number of those enrolled in health savings accounts (HSAs) is expected to reach 30 million over the next three years, but some individuals still know very little about the plans, according to a recent survey by Mintel." (PLANSPONSOR.com; free registration required)

Knowledge of HSAs Falls Short for Some Consumers
Excerpt: "The number of those enrolled in health savings accounts (HSAs) is expected to reach 30 million over the next three years, but some individuals still know very little about the plans, according to a recent survey by Mintel." (PLANSPONSOR.com; free registration required)


Links to Items on Executive Comp, Benefits in General

Alvin D. Lurie Receives Lifetime Employee Benefits Achievement Award
Excerpt: "BenefitsLink congratulates Alvin D. Lurie for having received the Lifetime Employee Benefits Achievement Award from the Employee Benefits Committee of the American Bar Association's Section on Taxation. . . . Al's broad experience with employee benefit plan operation, design and policy, coupled with his gift for clever and insightful writing -- I think of him as the Mark Twain of ERISA -- make him a national treasure." (BenefitsLink.com)

Many Employers Lukewarm about Graying Workforce
Excerpt: "Despite all the recent attention to the upcoming retirement of a raft of Baby Boomers and discussions about phased retirement programs, a new study indicates some employers aren't jumping for joy about the prospect of keeping older workers on the job." (PLANSPONSOR.com; free registration required)

Daimler Sells Majority Stake and Offloads Its Health Care and Pension Obligations
Excerpt: "Daimler's decision to sell its unprofitable U.S. operations will relieve the company of $19 billion of future pension and health care costs." (Bloomberg News)

Chrysler on Verge of Sale to Private Firm and Freedom from Pension and Health Care Liabilities
Excerpt: "Under the terms of the deal being discussed, DaimlerChrysler would keep about a 20 percent stake in Chrysler and would be freed from nearly $20 billion in pension and health care liabilities for Chrysler's current and retired workers. The liability would be transferred to a new company controlled by Cerberus." (The New York Times; free registration required)

PPA Technical Corrections and Nonqualified Plan Deferrals on Congressional Agenda
Excerpt: "Technical corrections to the Pension Protection Act of 2006 (PPA; P.L. 109-280) and 'revenue raisers' affecting executive compensation are among the current items on the Congressional agenda . . . ." (Wolters Kluwer Law & Business)

Overview of Proposed Legislation - Small Business Work Opportunity Act of 2007 (PDF)
2 pages. Excerpt: "On January 17, 2007, the Senate Finance Committee passed the Small Business and Work Opportunity Act of 2007 (the 'Act') containing a provision aimed specifically at executive compensation. If passed into law, Section 206 of the Act would further expand the reach of Section 409A of the Internal Revenue Code (the 'Code') and toughen the deduction limits in Section 162(m) of the Code for public companies." (The Cochlan Group, Inc.)

Group Comments: Department of Energy Contractor Employee Pension and Medical Benefits Challenge (PDF)
Excerpt: "The . . . organizations submit this letter in response to the request for comments from the Department of Energy ('DOE') as posted in the Federal Register on March 27, 2007." (American Benefits Council)

Comments on Department of Energy Contractor Pension and Medical Benefits Cost Challenges (PDF)
5 pages. Excerpt: "[The Council is] not suggesting that there are simple answers. But we are suggesting that there are tools available to reduce the volatility associated with defined benefit plans. The Council believes that for some employers the challenges posed by volatility are offset by the value they are able to still receive by continuing to sponsor defined benefit pension plans for their employees." (American Benefits Council)


Newly Posted Events

Final Roth Regulations
Nationwide on May 15, 2007
presented by Convergent Retirement Plan Solutions, LLC

Health Coverage for Children and Families: State Developments and Trends That Can Inform the Federal Health Coverage Debate
in District of Columbia on May 16, 2007
presented by Kaiser Family Foundation


Newly Posted Press Releases

U.S. Labor Department Obtains Consent Judgment With Trustees Of Michigan Union Pension Plan Over Investments With Oregon Investment Manager
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)


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