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| December 13, 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
(c) Summaries of Guidance; Filed Comments
(d) Trends, Surveys, Research
(e) Policy, Opinion, Advocacy
Text of IRS Notice 2008-08: Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees (PDF)
Excerpt: "This notice provides rules under which a 2-percent shareholder-employee in an S corporation is entitled to the deduction under ยง162(l) of the Internal Revenue Code for accident and health insurance premiums that are paid or reimbursed by the S corporation and included in the 2-percent shareholder-employee's gross income." (Internal Revenue Service)
Small Businesses Oppose Mandates for Health Plans
Excerpt: "The small-business lobbying group that had a big role in derailing Hillary Rodham Clinton's effort to overhaul health care in the early 1990s has staked out its position for the 2008 political season. The group, the National Federation of Independent Business, which says it has 350,000 members and lobbyists in 50 states, warned politicians and policy makers on Wednesday not to impose new health-benefit obligations on small employers." (The New York Times; free registration required)
The Differences between CSRS and FERS
Excerpt: "The issue: Sick leave use among many previously disgustingly healthy civil servants appears to jump dramatically in the 12 month period before they retire." (Federal News Radio)
Opinion: A Health-Insurance Solution
Excerpt: "The Health Care Choice Act would allow residents in one state to buy health insurance that is available in and regulated by another state. If enacted, the law would create a competitive, 50-state market for health insurance, likely making it cheaper. It would do this without imposing a large cost on taxpayers and without creating a new government bureaucracy." (Merrill Matthews, The Wall Street Journal via Council for Affordable Health Insurance)
Overview: New Guidance on San Francisco Health Care Ordinance
Excerpt: "A number of technical compliance questions relating to the Ordinance have been raised since its passage. On December 7, 2007 the City posted new Frequently Asked Questions resolving a number of ambiguities." (Thelen Reid Brown Raysman & Steiner LLP)
A Global Look at Public Perceptions of Health Problems, Priorities, and Donors: The Kaiser/Pew Global Health Survey
Excerpt: "Specifically, the survey looks at what people consider to be the top problem facing their country, such as HIV/AIDS, crime, pollution and political corruption. It also examines the top public health priorities in low and middle income countries, such as preventing and treating HIV, fighting hunger and malnutrition, and accessing health care." (Kaiser Family Foundation)
Overview: Candidate Clinton's Health Care Reform Plan
Excerpt: "2008 Democratic presidential nominee, Senator Hillary Clinton (D-NY), drew the attention of journalists everywhere as she unveiled The American Health Choices Plan (AHCP). What would the senator's health care plan mean for employers with another Clinton in the White House?" (JPMorgan)
America's Health Crisis: Is Consumer Driven Healthcare an Enabler or Antidote?
Excerpt: "In this article, we examine consumer driven health care and its impact on employees and the traditional healthcare system." (JPMorgan)
Mental Health Parity May Lower Total Health Care Cost, According to Milliman
Excerpt: "From Spencer's Benefits Reports: Full parity in health insurance coverage between behavioral and physical illnesses would raise costs by a minimal amount while resulting in savings several times over for other resulting medical costs and indirect costs. This was the conclusion of a Milliman Perspective article, 'The Mental Health Divide: Mending The Split Between Mind and Body,' by Stephen P. Melek, a Milliman principal and consulting actuary." (Wolters Kluwer Financial Services)
Overview: DOL Guidance on When Supplemental Health Insurance is HIPAA Excepted Benefit (PDF)
2 pages. Excerpt: "The DOL's Employee Benefits Security Administration (EBSA) has issued a Field Assistance Bulletin outlining when supplemental health insurance will be considered excepted benefits under HIPAA. Importantly, the DOL clarifies that the coverage may not differentiate among individuals based on a health factor." (Buck Consultants)
Opinion: And Now for a Really Bad Idea on Health Care Reform
Reaction to Merrill Matthews' opinion piece in the 12/12/07 WSJ. Excerpt: "Ezra Klein* has a nice interpretation of Merrill's argument, that really gets to the heart of the matter: The problem with health insurance is that it covers health problems. If, instead of having regulators force them to cover health problems, insurers could construct 'coverage' plans that didn't cover health problems, but were still advertised as if they did, the health care system's problems would be solved!" (The New Republic)
Proposed 'Behind-the-Counter' Category of Drugs Would Give Health Plans and PBMs New Cost-Saving Opportunities
Excerpt: "The long-familiar Rx and OTC (over-the-counter) classifications could someday have company. The FDA held a public meeting Nov. 14 to discuss the feasibility of establishing a third 'behind-the-counter' (BTC) category of drugs, a concept that health plans and PBMs say could eventually lower Rx payers' overall spending, but for which savings would be modest at first and coverage decisions would depend on individual products." (Drug Benefit News via AISHealth.com)
Influential Federal Privacy Committee Proposes Massive Changes in HIPAA's Protections for Personal Health Information
Excerpt: "The nation's top advisory board to the federal government on health care privacy believes the current laws and rules are woefully inadequate and recommends that new legislation be passed to strengthen and expand protections." (REPORT ON PATIENT PRIVACY via AISHealth.com)
ABC News Survey Examines Presidential Candidates' Approaches to Health Care Reform
Excerpt: "In the second part of a series on health care in the 2008 presidential election, ABC's 'World News' . . . examined results of an ABC News survey of presidential candidates' positions on health care-related issues. . . . Six Democratic and two Republican candidates responded to the survey, which included questions on five issues . . . ." (Kaiser Family Foundation)
New Support for Avoiding ERISA Subrogation
Excerpt: "From the U.S. District Court for the Western District of Missouri comes a recent noteworthy case involving the scope of ERISA preemption and the efforts of a health insurer to assert a reimbursement, a/k/a subrogation, claim. You can read the decision in Pruitt v. United Healthcare Services, Inc., here in the website library. The case provides some insights into strategies ERISA plan participants and beneficiaries can use to fend off insurers or other entities who try to interfere with personal injury recoveries." (Brian S. King via ERISA Law Blog)
Health Reform: Should It Include an Individual Mandate?
Excerpt: "In 'Consider It Done? The Likely Efficacy of Mandates for Health Insurance,' Glied, Jacob Hartz, and Genessa Giorgi survey compliance with health insurance individual mandates in the Netherlands, Switzerland, and Hawaii, as well as compliance with mandates in other areas ranging from automobile insurance to child support. They find that 'high-compliance situations share several features: Compliance is easy and relatively inexpensive; penalties for noncompliance are stiff but not excessive; and enforcement is routine, appropriately timed, and frequent.'" (Health Affairs)
Links to Items on Executive Comp, Benefits in General
Executive Compensation and Equity Compensation Plans Year-End Checklist (PDF)
3 pages. Excerpt: "The . . . checklist describes 2007 year-end action items with respect to executive compensation and equity compensation plans. This list is not exhaustive but is intended to provide a reminder of the general set of issues facing us at year end." (Morgan, Lewis & Bockius LLP)
2008 HR Trend Book -- Special Supplement to HR Magazine
Excerpt: "[T]his 2008 HR Trendbook, a supplement to HR Magazine, takes a step back to compile a big-picture look at significant HR trends and surveyfindings. We've combined new reporting with highlights from recent SHRM Online news coverage and statistical insights from the SHRM Research Department. For example, a mere four years from now, one of every three U.S. workers will be over age 50. Do you know how employers are preparing for that evolution in their staffs?" (Society for Human Resource Management)
Employee Benefits Developments, December 2007
A brief look at developments in employee benefits law from October and November 2007, including cases, rulings, and opinions. (Hodgson Russ LLP)
Overview: Public Safety Officers' Retirement Distributions May Pay for Self-Insured Health Coverage (PDF)
Excerpt: "The IRS has issued guidance clarifying that, under PPA, certain distributions from eligible governmental retirement plans may be used to pay premiums to self-insured health plans for retired public safety officers." (Buck Consultants)
Newly Posted Events
HIPAA Privacy and Security Training for Rookies: Basic Training for Individuals Handling Group Health Plan PHI
Nationwide on December 6, 2007
presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting
Newly Posted Press Releases
Pension Funds Had Banner Year, Watson Wyatt's Pension Risk Index Finds
Watson Wyatt
PBGC Negotiates Pension Protection With Electrolux Home Products
Pension Benefit Guaranty Corporation (PBGC)
U.S. Labor Department Proposes Regulations To Increase Disclosure Of Fees And Conflict Of Interests Affecting 401(k) And Other Employee Benefit Plans
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Resolve To Save And Invest In 2008: Alliance For Investor Education Highlights 13 Best Resources For Consumers
Alliance for Investor Education
Newly Posted or Renewed Job Openings
(Post a Job | View All Jobs |
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Account Executive
for MetLife
in NJ
Institutional Relationship Manager
for PlanMember Financial Corporation
in CA
Manager of 401(k) Internal New Business Development and Implementation
for ADP TotalSource
in FL, GA
Defined Benefit Plan Senior Administrator/Consultant
for Tegra Financial Partners
in GA
Pension Paralegal/Specialist
for New York Pension Class Action Law Firm
in NY
Client Data Management Administrator
for The Online 401(k) (aka Decimal, Inc.)
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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