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| July 21, 2008 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
Today's sponsor is 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. |
[Guidance Overview] IRS's Miscellaneous Guidance on Health Savings Accounts
Excerpt: "Recent IRS Notice provides answers to a variety of technical HSA issues." (McDermott Will & Emery)
[Guidance Overview] Hewitt Federal Legislation Quick Guide Updated July 16, 2008, for Health and Welfare Plans (PDF)
9 pages. This Federal Legislation Quick Guide provides short updates on federal legislation that is currently under active consideration by Congress or has recently been enacted into law regarding health and welfare benefit plans. (Hewitt Associates)
[Guidance Overview] HSA Excise Tax Rules Proposed
Excerpt: "The Internal Revenue Service has issued proposed regulations for employer comparable contributions to health savings accounts (HSAs) under the excise tax rules of IRC Sec. 4980. These proposed rules would implement provisions of the Tax Relief and Health Care Act of 2006 (P.L. 109-432). The proposed rules appeared in the July 16 Federal Register." (Wolters Kluwer)
[Guidance Overview] Highlights of the New Cafeteria Plan Regulations
Excerpt: "These are only a few highlights of the lengthy proposed regulations. On the whole, the rules provide welcome clarification for many issues. However the inflexible rules, zero-tolerance compliance standard, and harsh penalties for plan failures make it important for employers to consider all of the provisions carefully and start reviewing their cafeteria plan documents and administrative practices for compliance now." (Miller & Chevalier Chartered)
[Guidance Overview] Plan Without 'Discretion' Language Loses Appeal in Benefits Case
Excerpt: "Two recent federal appeals court cases demonstrate that having the right language in the plan document often determines whether the plan wins or loses a benefits-denial case. In each case, the plan administrator denied a claim for disability benefits, the trial court upheld the plan's decision, and the participant appealed. In the Fourth Circuit case (Woods) the plan lost the appeal, while in the Seventh Circuit case (Gutta) the plan won." (Employee Benefits Institute of America)
[Guidance Overview] What Effect Does MetLife v. Glenn Have on Discovery in Denial of Benefit Claims?
Excerpt: "Apparently none, at least according to the first ruling on this question I have seen out of a court in the First Circuit. In a ruling by a magistrate judge, the United States District Court for the District of Maine has concluded that MetLife v. Glenn does not change the rules in the First Circuit governing the extent to which - if at all - a party is allowed to conduct discovery beyond the administrative record itself in a denied benefits case governed by the arbitrary and capricious standard of review." (Stephen Rosenberg of The McCormack Firm, LLC)
Hearing on State Coverage Initiatives
Excerpt: "The hearing [focused] on the health care reform lessons learned at the state level as well the need for a national solution on health care reform." (U.S. House of Representatives, Committee on Ways and Means, Subcommittee on Health)
Many Massachusetts Firms and Insurers Oppose $100m Price Tag for Health Insurance Law
Excerpt: "Governor Deval Patrick's proposal to ask businesses, insurers, and hospitals to kick in about $100 million to close a gap in funding for the state's landmark health insurance law is threatening to fracture the fragile coalition whose support was instrumental in passing the measure." (The Boston Globe)
Providence Health & Services to Pay First HIPAA Fine of $100,000
Excerpt: "Providence Health & Services agreed to pay $100,000 to resolve HIPAA privacy and security allegations, in the first such monetary settlement since the privacy rules took effect in 2003. The U.S. Department of Health and Human Services (HHS) had received more than 30 privacy and security complaints against Providence for its widely publicized losses of laptops and other sensitive items in 2005 and 2006." (Thompson Publishing Group Inc.)
Firms Consider Laparoscopic Surgeries to Reduce Costs
Excerpt: "At the urging of a medical device maker, employers are considering whether to promote a less costly form of surgery that may reduce the time people take off work. Experts say minimally invasive procedures known as laparoscopic surgeries are less costly in the long run compared with traditional open surgery." (Workforce Management; free registration required)
Insurance Companies Trying to Save Long-Term by Increasing Doctors' Fees Now
Excerpt: "That is the premise of experiments under way by federal and state government agencies and many insurers around the country. The idea is that by paying family physicians, internists and pediatricians to devote more time and attention to their patients, insurers and patients can save thousands of dollars downstream on unnecessary tests, visits to expensive specialists and avoidable trips to the hospital." (The New York Times; free registration required)
More Employers Move to Integrate Incentives With Consumer-Directed Care Benefits
Excerpt: "'Anybody who implements an incentive program needs to be mindful of discrimination laws, regulations regarding HIPAA and all sorts of tax regulations,' . . . . Employers and health plans considering an incentive program should consult their legal counsel to make sure the proposed program is in compliance with state and federal laws . . . ." (AISHealth.com)
Demand Grows for Value-Based Rx Plans; As Insurers Expand Offerings, ROI Is Elusive
Excerpt: "Pharma.ceutical payers are expressing increased interest in adopting value-based insurance designs, according to health plans and other stakeholders involved in the VBID concept. As insurers roll out new VBID offerings to meet the growing demand, some pharmacy executives acknowledge that hard data demonstrating a return on investment (ROI) remain elusive." (AISHealth.com)
House Panel Votes To Extend Medical Leave Coverage for Students
Excerpt: "The House Energy and Commerce Committee on Wednesday voted 40-0 to approve a bill (HR 2851) that would allow college students who take medical leave to continue to receive health insurance under the policies of their parents, CQ Today reports." (Kaiser Family Foundation)
[Opinion] Healthy Americans Impose Higher Costs in the Long-Term
Excerpt: "Medical economists agree that cancer screenings and gym classes can lead to physical well-being and longer lives. But in the interests of honest accounting, they add that prevention does not reduce overall health-care spending. On the contrary. Let's put it bluntly: Longer lives cost more money. Those who make it to 90 thanks to exercise and six daily servings of vegetables are more likely to suffer the expensive ravages of old age. Everyone dies of something. So he who avoids a fatal heart attack at 70 is more at risk of cancer at 80. Those extra 10 years can mean extra CT scans, hip replacements and physical therapy, even for those in relative good health." (The Detroit News)
[Opinion] Labor and the Bottom Line of National Health Insurance
Excerpt: "If we are to finally achieve a fair, affordable, and truly universal health care system, other economic considerations [than the economic competitiveness of U.S. business] need to frame the debate. These include: How efficient is the U.S. health system? How is the health care cost burden distributed between business, government, and the public? What are the trends in health care cost shifting? What is (and what should be) the role of insurance companies in the U.S. health system and the wider political economy?" (Dissent Magazine via Physicians for a National Health Program)
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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. |
| (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] Hewitt Federal Legislation Quick Guide Updated July 16, 2008, on Human Resources & Employment Law (PDF)
8 pages. This Federal Legislation Quick Guide provides short updates on federal legislation that is currently under active consideration by Congress or has recently been enacted into law regarding human resources and employment law. (Hewitt Associates)
[Guidance Overview] Netherlands Government Backs New Taxes on Executive Pensions (PDF)
2 pages. (Towers Perrin)
New Features on the Redesigned BLS Web Site As of July 2008
Excerpt: "[Some features of the redesigned site:] Fresh content will appear on the BLS homepage every business day. Improved Navigation - User-tested menus will enable fast and efficient browsing. Improved Search Engine - BLS will be upgrading to a new search engine which will be a major improvement over the existing one." (U.S. Bureau of Labor Statistics)
ERISA Preemption - What We Have Here Is a Failure to Communicate
Excerpt: "Stephen Rosenberg observed this week that ERISA's preemption provisions were 'a legitimate policy choice by the Congress that passed ERISA to maintain one consistent federal policy and body of law for purposes of employee benefits.' He makes the point that Congress, not the judiciary, is responsible for the statute's preemptive reach." (Health Plan Law blog by Attorney Roy F. Harmon III)
Newly Posted Press Releases
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Benefits Coordinator
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Defined Contribution Administrator
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in IL
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in CA
401(k) / Defined Contribution Recordkeeper
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in CT
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in NY
Defined Contribution-Client Service Officer
for AllianceBernstein
in NY
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- Using the Web for Employee Benefits Research (hypertext article)
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