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March 6, 2008

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


Today's sponsor is Employee Benefits Institute of America Inc. (EBIA)

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EBIA's InPerson Seminar Series

EBIA's InPerson seminars provide education on employee benefits topics to professionals, including TPAs, attorneys, benefits consultants, human resources managers, plan administrators, insurance professionals, and accountants. For information about CE credit, course materials, speakers, locations, and agenda details, and to register, please visit EBIA's InPerson Seminars.

House Approves Bill on Mental Health Parity
Excerpt: "After more than a decade of struggle, the House on Wednesday passed a bill requiring most group health plans to provide more generous coverage for treatment of mental illnesses, comparable to what they provide for physical illnesses." (The New York Times; free registration required)

[Official Guidance] The Paul Wellstone Mental Health and Addiction Equity Act, H.R. 1424, as Considered by House (PDF)
71 pages. (U.S. House of Representatives via American Benefits Council)

[Opinion] Statement of Administration Policy on H.R. 1424 - Paul Wellstone Mental Health and Addiction Equity Act of 2007 (PDF)
2 pages. Excerpt: "The Administration supports passage of mental health parity legislation that does not significantly increase health coverage costs. However, the Administration has concerns with H.R. 1424, which would effectively mandate coverage of a broad range of diseases and conditions and would have a negative effect on the accessibility and affordability of employer-provided health benefits and would undermine the uniform administration of employee benefit plans." (Executive Office of the President via American Benefits Council)

[Guidance Overview] San Francisco Health Care Mandate Goes Into Effect While Court Considers ERISA Preemption Appeal
Excerpt: "Much is riding on the appellate court decision. Finding that ERISA preempts the ordinance would suggest that states cannot require employers with self-insured health plans to spend a specific amount on health coverage. Finding that ERISA does not preempt the ordinance would create a conflict between two federal appellate courts -- and possibly spark more litigation in California and in other states as well. A conflict among federal appellate courts can be resolved only by the Supreme Court." (Watson Wyatt Worldwide)

[Guidance Overview] DOL Proposed Comprehensive Changes to Family and Medical Leave Act Regulations (PDF)
11 pages. Excerpt: "As we previously reported, on February 11 the U.S. Department of Labor (DOL) issued proposed regulations under the Family and Medical Leave Act of 1993 (FMLA) that are subject to a 60-day public comment period. We have now reviewed the proposal in detail, and provide a more indepth analysis of the most significant provisions." (Morgan, Lewis & Bockius LLP)

[Guidance Overview] 'Sixty Seconds of Privacy' an E-Newsletter - Storage of Individual Health Records
Excerpt: "Each edition of this e-newsletter addresses one interesting legal development in the area of privacy and data security, in a brief 'question and answer' format. Each edition is intended to be read in about a minute, yet will update you on an important development." (Thelen Reid Brown Raysman & Steiner LLP)

[Guidance Overview] 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. [Pruitt v. United Healthcare Services, Inc.] 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)

Trends in Manufacturer Prices of Brand Name Prescription Drugs Used by Medicare Beneficiaries -- 2002-2007
Excerpt: "Specifically, the reports compare price changes with the rate of inflation. They also present differences in average price changes by manufacturer and by major therapeutic category. The sample of drugs studied was identified using 2006 data from a Medicare Part D plan provider, and changes in prices charged by drug manufacturers to wholesalers were measured using changes in the wholesale acquisition cost (WAC)." (AARP)

Congressional Hearing - Investing in the Future of the Federal Workforce with Paid Parental Leave
Excerpt: "The hearing will examine the merits of the Federal Employees Paid Parental Leave Act of 2007 (H.R. 3799), which provides that all federal employees receive eight weeks of full pay and benefits for leave taken for the birth or adoption of a child. The federal government currently does not provide its employees with such leave. Federal employees have access to 12 weeks of unpaid leave through the 1993 Family and Medical Leave Act." (U.S. House Committee on Oversight and Government Reform, Subcommittee on Federal Workforce, Postal Service, and the District of Columbia)

Using VEBAs to Reassign Health Costs
Excerpt: "Organizations with large union populations will be watching closely as companies such as AK Steel and General Motors shift retiree healthcare costs to independent trust funds. The concept will be explored by many HR leaders, experts say, but the arduous process to establish it may include litigation." (Human Resource Executive Online)

2008 Presidential Candidates 'At-a-Glance' on Their Health Care Reform Proposals (PDF)
2 pages. Excerpt: "Since last August, the Council for Affordable Health Insurance (CAHI) has tracked all of the presidential candidates' health care reform proposals. While some of them have provided more detail than others, most still only have outlines. This checklist summarizes CAHI's larger presidential document, which can be found at www.cahi.org." (The Council for Affordable Health Insurance)

Mercer Web Briefing on State Health Reforms
Excerpt: "Over the past several years, the state legislatures in Massachusetts, Maine and Vermont have produced landmark health care legislation addressing uninsured residents. Many other state legislatures have attempted to tackle the issue as well. The 2008 state legislative sessions hold the promise of further developments, as many states established commissions in 2007 to study the issue and report to their Governors and legislatures for the 2008 sessions. Join Mercer's Amy Bergner, Blain Bos and Linda Havlin in a web briefing to better understand the implications of state health reform for your employer-sponsored health plans." (Mercer via The ERISA Industry Committee)

Practice Note on Disease Management (PDF)
37 pages. Excerpt: "Practice Notes from this work group describe what the work group believes to be the common practices of U.S. health actuaries. This Practice Note discusses some common approaches to evaluation in the disease management field." (American Academy of Actuaries)

Summary of the GASB 45 Survey of NCPERS Members (PDF)
12 pages. Excerpt: "According to the survey, nearly two-thirds of the participating entities have already completed their initial GASB valuations, while another 23.9 percent were in the process of having their obligations valued. Only 9.9 percent had not yet begun the valuation process." (National Conference on Public Employee Retirement Systems)

Health Insurance & Managed Care Compilation of Statistics and Articles Updated March 3
Excerpt: "For most Americans, market-based health insurance remains the predominant form of health coverage." (National Conference of State Legislatures)

Individuals Benefit More from Placebos That They Are Told Cost More, Study Finds
Excerpt: "Individuals who take identical placebos are more likely to experience pain relief from the placebo that they are told costs more, according to a study published on Wednesday in the Journal of the American Medical Association, Reuters reports (Reuters, 3/5)." (Kaiser Family Foundation)


Links to Items on Executive Comp, Benefits in General

Ford Rewards Non-U.S. Employees With $1,000 Bonus
Excerpt: "The bonus also will be paid to managers outside the U.S. and Can.ada. CEO Alan Mulally says the 'performance awards' are based on improvements in cost performance, quality, automotive cash flow and financial results." (Workforce Management; free registration required)

Current Strategies to Employ and Retain Older Workers. (PDF)
47 pages. Excerpt: "The findings indicate that as older adults are becoming an increasingly important labor source due to demographic changes, employers are beginning to tailor their programming and services to individuals age 50 and older. For employers, the challenge is to develop workforce policies that appeal to older workers without sacrificing productivity. This report explores employer strategies such as flexible work arrangements and phased retirement plans. It also includes additional resources focused on job search assistance and training." (U.S. Department of Labor, Employment and Training Administration)

Summary of Retirement and Health Proposals in President Bush's Fiscal 2009 Budget
Excerpt: "President Bush has proposed a budget for fiscal year 2009. Many of the budget's health care and retirement proposals appeared in earlier budget submissions, such as replacing the tax exclusion for employer-provided health insurance with a standard tax deduction, and establishing a new retirement savings plan to replace existing defined contribution plans. These proposals failed to gain legislative traction in earlier years and are unlikely to do so this year either." (Watson Wyatt Worldwide)


Newly Posted Events

26th Annual Creative Pension & Benefits Seminar
in Ohio on May 2, 2008
presented by Ohio State University Office of Continuing Education (CEd), The

Benefit Plan Sponsors Need to React to the Supreme Court's Decision in the LaRue Case - eLunch
Nationwide on March 19, 2008
presented by Winston & Strawn

Cafeteria Plans for Rookies: Understanding the Rules and Learning to Play the Game Right
Nationwide on April 3, 2008
presented by Employee Benefits Institute of America (EBIA)/Thomson Tax & Accounting

National Legal Symposium
in District of Columbia on April 11, 2008
presented by Patient Advocate Foundation


Newly Posted Press Releases

Ftwilliam.com announces the release of two new 403(b) plan documents.
ftwilliam.com


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