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| May 27, 2008 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
Today's sponsor is International Foundation of Employee Benefit Plans
(Click on company name or banner to learn more.)
| E-learning Benefit Courses From the International Foundation |
| You don’t need a navy suit to get ahead at your job. Put on those fuzzy slippers, grab your computer mouse and learn with the International Foundation. The International Foundation’s e-learning courses provide the highest quality education covering all employee benefit topics, from the basics to compliance technicalities. Prove you know your stuff and get to the next level with the International Foundation’s e-learning courses. And bring your pink bunny slippers along for the ride. |
[Guidance Overview] Dawson Update on Supreme Court FMLA Waiver Case
Excerpt: "As noted last week, the Solicitor General filed a brief recommending that the government not grant cert. in the FMLA waiver case of Taylor v. Progress Energy, Inc. The case was argued successfully at the appellate level by April Dawson (North Carolina Central)." (Workplace Prof Blog)
[Guidance Overview] Genetic Non-Discrimination Law (PDF)
5 pages. Excerpt: "The Genetic Information Nondiscrimination Act (H.R. 493) (GINA) balances the benefit of using genetic information for medical advances and care management with the potential for harm that could be caused by the misuse of genetic information. Through a bipartisan effort, Congress reduced the potential for harm by creating Federal standards for prohibited and permitted uses by insurers and employers of an individual's genetic information." (Powell Goldstein LLP)
[Guidance Overview] Landmark Genetic Nondiscrimination Bill (PDF)
2 pages. Excerpt: "Note, however, that Title I of ERISA already prohibits group health plans from discriminating against employees and participants on account of 'health factors' with respect to eligibility for coverage, the cost of coverage or the benefits provided. See Section 702 of ERISA and 29 C.F.R. §2590.702. Under ERISA, an adverse health factor includes 'genetic information' as defined under 29 C.F.R. §2590.701-2. See 29 C.F.R. 2590.701(a)(vi). These nondiscrimination rules were enacted under HIPAA and apply under ERISA, the Public Health Services Act and the Internal Revenue Code." (Paul, Hastings, Janofsky & Walker LLP)
[Guidance Overview] New Genetic Information Nondiscrimination Law (PDF)
2 pages. (Milliman)
[Guidance Overview] HIPAA National Provider Identifier Compliance Date Arrives
Excerpt: "Effective [May 23], covered entities must use National Provider Identifiers (NPIs) to identify health care providers in electronic transactions for which the Department of Health and Human Services (HHS) has issued standards per the HIPAA Transactions Rule (i.e., standard transactions)." (Neal, Gerber & Eisenberg LLP)
[Guidance Overview] HIPAA Privacy Information for Consumers Now Available in Eight Languages on HHS Website
Excerpt: "HHS has posted HIPAA privacy consumer information on its website in eight languages: English, Chinese, Korean, Polish, Russian, Spanish, Tagalog, and Vietnamese. The information includes two consumer brochures -- 'Privacy and Your Health Information' and 'Your Health Information Privacy Rights,' plus a fact sheet that explains how to file a privacy complaint and a form for filing a privacy complaint." (Employee Benefits Institute of America)
[Guidance Overview] New Law Prohibits Employers from Considering Genetic Information in Making Employment Decisions (PDF)
3 pages. Excerpt: "On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (GINA), prohibiting employers from using genetic information for decisions on hiring, firing, promotions, or job assignments, and group health plans and health insurers from basing eligibility or premium determinations on genetic information." (Morgan, Lewis & Bockius LLP)
U.S. FTC Reports 14 Deals to Delay Sales of Generics in '07
Excerpt: "The FTC considers the controversial deals a violation of antitrust law but the courts have split on whether they are legal." (Reuters)
SEC Tells Companies Must Allow Shareholders to Vote on Proposals for Universal Health Insurance Coverage
Excerpt: "Shareholders, including religious groups and labor unions, have offered the proposal in an effort to draw the nation's largest corporations deeper into a debate over the future of health care, fast emerging as one of the most important issue in domestic policy." (The New York Times; free registration required)
House Lets Go of Key Provision in Mental Health Parity Bill
Excerpt: "In an attempt to reach a compromise on mental health parity legislation, U. S. House conferees agreed to drop a major provision in its version of the new law. According to Business Insurance, in an offer to the U.S. Senate, the conferees deleted a provision in the parity bill the House passed last year that would require group plans to provide coverage for all mental health care services listed in the most recent edition of a diagnostic treatment manual published by the American Psychiatric Association . . . . The Senate was unwilling to accept the House provision since employer groups opposed it." (PLANSPONSOR.com; free registration required)
President Signs Genetic Information Nondiscrimination Act of 2008
Excerpt: "This Act makes changes to the HIPAA portability rules in ERISA, the PHSA, and the Code, adding new provisions regarding genetic information that will apply to group health plans and insurance issuers offering group health insurance coverage, as well as provisions for insurance issuers in the individual market. It also requires amendments to the HIPAA privacy regulations and prohibits discrimination in the workplace on the basis of genetic information. For more information, see EBIA's HIPAA Portability, Privacy & Security and Group Health Plan Mandates manuals, which will be updated to reflect this new legislation." (Employee Benefits Institute of America)
Women Struggle to Pay for Health Care, According to Survey
Excerpt: "More women than men say paying for health care is a challenge, according to a survey by the Guardian Life Insurance Company of America, a provider of employee and voluntary benefits. For example, 58% of women were more likely to find paying for health care premiums and out-of-pocket costs a struggle, compared to men (47%)." (Employee Benefit Adviser; free registration required)
CBO Questions Savings From Digital Health-Care Records
Excerpt: "Although the CBO found the potential for savings under certain circumstances -- particularly when information technology was combined with broader reforms -- it found that the technology by itself was typically unlikely to generate sizable financial benefits. 'By itself, it's generally not sufficient' to reduce costs, said CBO Director Peter Orszag." (The Wall Street Journal via Physicians for a National Health Program)
[Opinion] Commentary on HSA Substantiation
Excerpt: "The problem is that, under current law, there is no way -- short of a tax audit -- to tell if tax-advantaged withdrawals from these accounts are legal or illegal. People don't have to verify whether they made a withdrawal for the copay on their child's asthma inhaler or whether it was for gourmet chocolate truffles. Since annual contributions to HSAs can be $2,900 for a single plan and $5,800 for a family plan, that can mean a lot of tax-free truffles, and a tax loss for the federal Treasury." (Urban Institute)
Sponsored by: University Conference Services
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| Trimming the Benefits Tab Without Cutting the Value |
| If you’re like most employers, you struggle with how to contain the cost of your health care programs without diminishing their value to employees. There are many remedies to consider, but you do you know what’s best for your organization? Health and Welfare Plan Management for Mid-Sized Employers, September 7–10, at Caesars Palace in Las Vegas, is the perfect place to find out if you have the right "dosage" for your benefit plans. |
| (Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor) |
Links to Items on Executive Comp, Benefits in General
[Guidance Overview] California Same-Sex Marriage Ruling - Employee Benefit Plan Implications
Excerpt: "Same-sex marriages present benefits-related difficulties for employers because federal and state governments have given mixed messages regarding the status of same-sex couples throughout the United States." (McDermott Will & Emery)
[Guidance Overview] Ninth Circuit Rules That Employer Was Free to Terminate Severance Benefits Because They Were Not Vested Under ERISA
Excerpt: "Over the years, we've seen a steady trickle of decisions addressing severance plan claims similar to those raised in this case. . . . As in those decisions, this case reminds us that, unlike pension plan benefits, severance benefits that are ERISA welfare benefits do not vest unless the plan documents clearly say so. And, importantly, employers who do not wish to create vested welfare plan rights must ensure that plan documents clearly reserve the employer's right to amend or terminate a plan." (Employee Benefits Institute of America)
Pensions for Executives Often Appear Unfair
Excerpt: "[M]ost chief executives continue to enjoy lavish pension plans -- on top of their multimillion-dollar pay packages and sundry other perks. How can that be fair? The short answer, of course, is that it isn't. But fairness was never the point. This is about giving CEOs what they want, regardless of what's given to other company employees." (Los Angeles Times)
California City of Vallejo Declared Bankrupt
Excerpt: "The fate of Vallejo . . . has sent shock waves across the country as scores of other local authorities also struggle to balance the books in the face of slumping incomes. Councillors took the drastic step because falling property tax revenues mean they can no longer pay the generous salaries negotiated for firefighters and police officers during the flush years." (Telegraph)
Telecommuting Could Save Money for Workers and Employers
Excerpt: "Telecommuting, or using computer technology to work from home, was a buzzword in the 1990s, but it's debatable whether the trend truly caught on. As the nation struggles with soaring gas prices, air pollution and traffic congestion, telecommuting is appealing to many workers." (The Augusta Chronicle)
Retirement and Health Care Most Changed Benefits from a Decade Ago
Excerpt: "The Families and Work Institute's 2008 National Study of Employers (NSE) reveals stability in the practices, policies, programs, and benefits provided by a nationally representative group of U.S. employers over the past decade." (PLANSPONSOR.com; free registration required)
Middle East Demographics Drive HR and Benefits Change
Excerpt: "The formation of HR functions in the Middle East region is in such a period of growth, that it may well be leapfrogging traditional Western models, particularly with respect to the use of technology. This begs the questions of how HR strategy and policy will develop, and what will best practices look like for this developing market. It will be interesting to see in what ways the leapfrogging is most beneficial and what successes can be transported back to the rest of the world." (Mercer LLC)
Newly Posted Events
Are You Ready For EGTRRA Restatements?
Nationwide on May 28, 2008
presented by ftwilliam.com
Form 5500 Refresher Course
Nationwide on May 29, 2008
presented by ftwilliam.com
Retirement Plans in Mergers and Acquisitions: An Overview
Nationwide on June 12, 2008
presented by SunGard Relius
Roth 2008: The Longer We Go, The More We Know
Nationwide on June 19, 2008
presented by SunGard Relius
The Radford Benefits Survey
in California on June 4, 2008
presented by International Society of Certified Employee Benefit Specialists - Orange County Chapter
Understanding Your PBM -- Evaluating PBM Services and Revenue Streams, Transparency, Alternatives, Trends and Hot Topics
in Illinois on June 26, 2008
presented by WEB - Chicago West
Newly Posted or Renewed Job Openings
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Manager - 401(k)/Defined Contribution Valuation Processing Department
for National Retirement Services, Inc.
in NC
401(k) Administrator Quiz
for The Pension Group, Inc.
in CA
Client Employee Benefits Advisor
for Morgan, Lewis & Bockius LLP
in PA
Retirement Research Consultant
for Hewitt Associates
in IL
Senior Health and Welfare Benefits Attorney
for Ice Miller LLP
in IN
Experienced Employee Benefits Attorney/Partner
for Ice Miller LLP
in IN
Employee Benefits Attorney
for Ice Miller LLP
in IN
Retirement Plan Administration Specialist
for Consulting Actuaries Incorporated
in NJ
Pension Administration
for Employee Incentive Plans, Inc.
in TX
CRTFL - IS Sr. Project Manager
for Citi
in FL
Handy Links:
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- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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