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November 21, 2007

Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy.


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(a) New Guidance Documents

(None today.)

(b) News

Congressional Negotiators Hitting Roadblocks on Mental Health Parity Legislation
Excerpt: "Sponsors of the House and Senate versions of legislation (HR 1424 and S 558) that would require most health insurers to provide equal levels of coverage for physical and mental illnesses are 'bumping up against' conflicts in negotiations that could 'thwart' the bill's passage this year, CongressDaily reports." (Kaiser Family Foundation)

UAW to Set Up Strict Controls on VEBA
Excerpt: "The United Auto Workers union is establishing clear rules for a massive new health-care trust intended to guarantee the independence and solvency of a $56 billion fund that will be set up by the Detroit automakers." (The Washington Post; free registration required)

ERISA Health Plan Subrogation Practice - WSJ Article Sparks Debate
Excerpt: "[The November 20] WSJ carries a provocative article about ERISA health plan subrogation. In the featured case, Wal Mart sued an employee that had been injured in a serious accident to recover what it had expended on her medical care. . . . The Eighth Circuit affirmed a district court holding for the health plan in Administrative Committee of Wal-Mart Stores, Inc. Associates' Health and Welfare Plan v. Shank, 500 F.3d 834 (August 31, 2007). In that holding the Eighth Circuit concluded that the plan's suit for recovery of the expended medical payments was both equitable and appropriate." (Health Plan Law blog by Attorney Roy F. Harmon III)

Use of Subrogation Increases as Medical Costs Rise
Excerpt: "The Wall Street Journal on Tuesday examined how, 'as the cost of covering workers continues to escalate, employers and health plans are getting more aggressive' in efforts to recover medical expenses from accident victims who collect damages in civil injury lawsuits." (Kaiser Family Foundation)

(c) Summaries of Guidance; Filed Comments

Overview of Retiree Health VEBAs
Excerpt: "Stuart Wohl, senior vice president at The Segal Company and retiree health care practice leader, points out some of the things that retiree health VEBAs can do . . . ." (The Segal Group, Inc.)

Actuarial Equivalence for Prescription Drug Plans and Medicare Advantage Prescription Drug Plans under the Medicare Drug Program (PDF)
18 pages. Excerpt: "The purpose of this practice note is to provide guidance to the actuary certifying to the actuarial equivalence of a PDP or a MA-PD under the requirements of 42 CFR 423.265 and is based on interpretations of 42 CFR 423.265 and current CMS guidelines and requirements." (American Academy of Actuaries)

(d) Trends, Surveys, Research

Marriott Finds Early Success with Value-Driven Health
Excerpt: "One important goal of early value-based insurance models has been to identify patients who truly require chronic drug therapy and offer them significant discounts, so as to lower their stress levels and keep them productive and healthy. Marriott International, a hotel chain with 2,800 properties worldwide, has embraced VBID plans and successfully managed to lower drug costs." (Employee Benefit News; free registration required)

Most U.S. Companies Do Little to Boost Worker Health Benefits, According to Study
Excerpt: "Many large American companies aren't implementing strategies and programs to improve the quality and value of their workers' health benefits, concludes a study in the Nov. 21 issue of the Journal of the American Medical Association." (The Washington Post; free registration required)

New Hampshire 2007 Insurance Law Update
Excerpt: "During the course of 2007, the New Hampshire state legislature enacted several new laws that affect group health insurance policies that cover New Hampshire residents." (Compensation & Benefits Alert via Kirkpatrick & Lockhart Preston Gates Ellis LLP)

Dollar Thrifty Joins 'Evidence-Based' Health Care Company's Pilot Program
Excerpt: "MedEncentive's health care program provides financial incentives to both patients and doctors for prescribing and following treatment guidelines and information therapy developed by a consortium of some of the nation's leading medical schools. The concept is also known as 'pay for performance.'" (NewsOK.com)

More Health Insurers Adopt Doctor Ranking Model
Excerpt: "More health insurers have adopted New York Attorney General Andrew Cuomo's doctor ranking model, thereby agreeing to fully disclose to consumers, physicians and plan sponsors the cost and quality metrics they use to rank doctors, Mr. Cuomo announced . . . ." (Business Insurance)

Mortgage Meltdown Causes Increase in Use of Group Legal Services
Excerpt: "This year's subprime upheaval has sent a shock through the nation's lending system, creating a surge in the number of workers seeking advice and services from their employers' group legal plans." (Employee Benefit News; free registration required)

Mental Health Parity Can Boost Productivity and Retention
Excerpt: "Forging their own path, some employers are providing mental health parity in their employee benefits plans without it being required by law, while legislators in Congress and statehouses continue to debate mental health parity bills. What's more, companies are finding that parity improves productivity and retention." (Employee Benefit News; free registration required)

Employees in Brazil Consider Health Care Insurance an Important Benefit
Excerpt: "A recent survey finds that employee satisfaction is high with respect to employer-provided medical benefits, which are an important attraction and retention tool in Brazil. The survey by Watson Wyatt Worldwide of 2,733 employees at 58 companies in Brazil found that 92 percent of respondents list health care benefits as an important reason to stay with their employer." (Watson Wyatt Worldwide)

UK Fat Patients Claim Discrimination
Excerpt: "In Britain, some doctors appear to be setting a body mass index of 30 -- considered obese in Britain and the United States -- as an informal cutoff point for elective surgery. In the U.S. there are no absolute limits, but American doctors seem to be more lenient. One U.S. orthopedic surgeon suggested that not until a patient has a body mass index of 40 -- a category considered 'morbidly obese' -- would surgeons have serious problems." (AP via Yahoo! News)

Text Messages Offer Health Tips, Reminders
Excerpt: "People worldwide are using text messages as a source for health information, support and reminders, the Wall Street Journal reports. According to the Journal, text messaging programs -- which do not have a cost to most users who are enrolled in text message plans -- are 'fast, cheap and private.'" (Kaiser Family Foundation)

Firms Get Innovative with Wellness Programs
Excerpt: "Moving beyond fitness centers and annual wellness fairs, companies are offering innovations from year-round weight loss campaigns to cash rewards for exercising or health screenings. The emphasis is on customized, workable ways to get healthy, both to bolster productivity and to combat rising healthcare costs." (The Boston Globe)

(e) Policy, Opinion, Advocacy

Review of Presidential Candidates' Proposals for Health Reform (PDF)
65 pages. Excerpt: "The findings are based on surveys of each candidate's campaign, analysis of the campaign statements, research on health industry and government policy trends, and interviews with numerous healthcare provider, payer, employer, pharma.ceutical, and life sciences leaders. Surveys were sent to official candidates who averaged at least 10% in national polls for the Democratic or Republican nomination as of Sept. 15, 2007." (PricewaterhouseCoopers' Health Research Institute)

A Gap in GOP Candidates' Health Care Proposals
Excerpt: "[Three GOP candidates] have offered proposals with the stated aim of helping the 47 million people in the U.S. who have no health insurance, including those with preexisting medical conditions. But under the plans all three have put forward, cancer survivors such as themselves could not be sure of getting coverage -- especially if they were not already covered by a government or job-related plan and had to seek insurance as individuals." (Los Angeles Times; free registration required)

Health Care Reform Plans Aid Industry
Excerpt: "Democratic presidential candidates like to beat up on insurance companies, but there is a lot for the industry to like in their health-care plans -- starting with plenty of new business." (The Wall Street Journal Online)


Links to Items on Executive Comp, Benefits in General

American Benefits Council Comments on Proposed Regulations -- Accident and Health Benefits Under Qualified Plans (PDF)
3 pages. Excerpt: "With regard to the proposed regulations, we are concerned that they could affect a wide variety of common practices that our members use to provide and protect on a nondiscriminatory basis the qualified retirement plan income of disabled employees. These practices include: the provision of continued employer-funded defined benefit pension accruals for employees on long-term disability, the provision of continued defined contribution plan accruals for employees on long-term disability -- with funding from employer contributions, the purchase of a special long-term disability policy designed for DC plans, or from a companion welfare benefit trust." (American Benefits Council)

Overview: IRS Implementation of Information Reporting for Employer-Owned Life Insurance (PDF)
2 pages. Excerpt: "The temporary regulations authorize the Service to prescribe the information reporting form, effective as of November 13 for taxable years ending after that date." (Sutherland Asbill & Brennan LLP)

Overview: IRS Regulations on Reporting Employer-Owned Life Insurance Contracts (PDF)
3 pages. Excerpt: "The Pension Protection Act of 2006 (PPA) established reporting requirements and income exclusion rules applicable to an employer that is a direct or indirect beneficiary of a life insurance contract covering one or more of its employees. The IRS has issued identical temporary and proposed regulations to give taxpayers 'immediate guidance' on reporting of such employer-owned life insurance contracts." (Pillsbury Winthrop Shaw Pittman LLP)

Health Care Benefits, Paid Vacation, Retirement Savings Best for Attracting, Retaining Employees
Excerpt: "From Spencer's Benefits Reports: Employers rate medical benefits and paid vacation as the top programs to attract and retain employees, according to a survey by WorldatWork. Also seen as 'high impact' programs for recruiting and retaining employees are defined benefit plans, flex-time, and telecommuting." (Wolters Kluwer Financial Services)

Leveraging Technology to Improve Benefits Communications
Excerpt: "When implementing a technology-driven communications initiative, [it is recommended] that employers: Know your audience and your own HR limitations. If your employee population doesn't understand their benefits communications on paper, chances are they're not making smart decisions. Tailor your message to your audience, even if that involves bilingual communications or audio messaging for less literate employees." (Employee Benefit News; free registration required)


Newly Posted Events

Automatic Enrollment and QDIA Regulations- What You Need to Know About the Final Rules
Nationwide on December 18, 2007
presented by Thompson Interactive, A Division of Thompson Publishing Group

Compensation and Benefits Go Global: Expatriates, Tax Section 409A, and Cross-Border Plans - Webcast
Nationwide on November 21, 2007
presented by West LegalEdcenter

Preparing for Retirement Plans in 2008
in Kentucky on December 11, 2007
presented by ASPPA Benefits Council of Greater Cincinnati


Newly Posted Press Releases

Commentary on Retiree Health VEBAs
The Segal Company

Use of Automatic Retirement Savings Tools Triples in One Year; Major Retirement Trends Revealed in Annual Report from The Principal
Principal Financial Group

Presidio Announces an Exclusive Relationship with Assist America to Provide Global Emergency Medical Assistance Services to its Clients
Assist America, Inc.

HSA Plans are Covering Preventive Care on a First-Dollar Basis
America's Health Insurance Plans (AHIP)


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Defined Benefit Client Account Manager
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in NY

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in NY

Internal 401(k) Sales
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in CO

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in MI

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