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| October 8, 2008 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
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[Guidance Overview] IRS Details for Qualified Reservist Distribution from Health Flexible Spending Accounts
Excerpt: "Employers that have already allowed QRDs from their cafeteria plans should amend their plans to reflect their rules and procedures regarding QRDs no later than December 31, 2009. Some employers may have already amended their cafeteria plans to allow QRDs and, in that case, they should review the amendment to determine whether they need to make any changes based on the recent clarifications. QRDs made on or after January 1, 2010 will require a prospective plan amendment." (Faegre & Benson LLP)
[Guidance Overview] Mandatory Contribution to Health Benefits — A New Circuit Split on ERISA Preemption? (PDF)
5 pages. Excerpt: "[In Golden Gate Restaurant Assoc. v. City and County of San Francisco] Plaintiff and the Secretary of Labor as amicus made two central preemption arguments. First, they argued that the city-payment option creates an ERISA plan. Second, they argued that even if the city-payment option does not establish an ERISA plan, an employer's obligation to make payments at a certain level 'relates to' the ERISA plans of covered employers and is thus preempted. The Ninth Circuit rejected both arguments." (Alston & Bird LLP)
[Guidance Overview] Class Action Complaint Sufficient to Meet Twombley Standards
Excerpt: "Cady presents a challenge to denial of health plan benefits based upon an 'investigational' classification in a class action context. The lexicographical bent of this case showed itself ahead of the dispute over what treatments are investigational, however, as the principal defendant began with the parsing of terms descriptive of the 'plan administrator.'" (Health Plan Law blog by Attorney Roy F. Harmon III)
[Guidance Overview] New Mental Health Coverage Requirement
Excerpt: "With respect to mental health or substance-use-disorder coverage, the group health plan may not: require that the participant pay more with respect to co-payments, deductibles, or out-of-pocket expenses; or impose more restrictive limitations as to the number or frequency of visits or days of coverage. In addition, the group health plan must provide the same out-of-network coverage for mental health and substance-use-disorder coverage that is available for out-of-network medical and surgical benefits." (Blank Rome LLP)
[Guidance Overview] Conflicts of Interest Under ERISA -- A Review of the Recent U.S. Supreme Court Decision
Excerpt: "In Metropolitan Life v. Glenn, 554 U.S. ___ (2008), a divided Court decided that a plan administrator has a conflict of interest when it decides whether to grant or deny claims that the plan will be required to pay. The Court found the conflict to be clear since '[t]he employer's fiduciary interest may counsel in favor of granting a borderline claim while its immediate financial interest counsels to the contrary.'" (Anderson Kill & Olick, P.C. via Mondaq; free registration required)
Senators Propose Health Insurance Premium Costs Disclosure Bill
Excerpt: "A group of bipartisan senators proposed legislation Tuesday that would compel employers to tell employees what their health insurance costs -- a step, the senators said, toward getting a handle on the spiraling cost of medical care. The senators said in a statement that they were seeking public comment on the proposal. With Congress adjourned and unlikely to return for any significant amount of time this year, the legislation won't be seriously debated until next year." (Congressional Quarterly Inc.)
Retirees May Be Abusing Disability Insurance, Long Island Rail Road Says
Excerpt: "On Tuesday the railroad gave the state attorney general, Andrew M. Cuomo, and the inspector general of the Metropolitan Transportation Authority evidence raising the possibility that hundreds of its employees were buying private disability insurance policies knowing that the federal railroad board would declare them disabled." (The New York Times; free registration required)
Employers Wade Into Monitoring Care As Diabetes Cases Grow
Excerpt: "Patients can take steps to control [diabetes] and lower the risk of complications, but many don't. That has attracted attention from employers seeking ways to cut costs and helped an industry spring up that targets prevention and management of the disease. The stakes are huge. One out of every five health care dollars spent last year went to caring for someone with diabetes. The total economic cost -- including medical care, lost productivity, absenteeism and disability -- totaled $174 billion, according to the American Diabetes Association." (Sacramento Business Journal via bizjournals.com; free registration required)
Economic Turbulence Is Raising Concerns About Health Care Costs
Excerpt: "The economic downturn has heightened concerns about rising health care costs, making employees more aware of how they consume health care, according to a survey published Tuesday, October 7, by the Employee Benefit Research Institute. Though Americans said they remain confident they will be able to get the treatment they need, general economic woes have heightened people's concerns about health care cost increases, said Paul Fronstin, director of health research and education at EBRI in Washington." (Workforce Management; free registration required)
Implementing Small Group Insurance Market Reforms: Lessons from the States (PDF)
23 pages. Excerpt: "The paper provides an overview of the strategies all 50 states have used to increase insurance coverage in the small group market including what is known about the effectiveness of these strategies. It examines in more depth the experiences of three states with different types of health reforms, focusing on two states' efforts to reform the small group market and one state's experience with improving coverage in the individual market. Lessons are gleaned from these states about the processes they used to reform insurance coverage, and how their programs are structured, administrated, financed, and implemented so that other states that are considering reform options, such as New York, can learn from these experiences. The scan of 50 states' small group insurance market policies and the state case studies may be obtained by contacting the Rockefeller Institute of Government or visiting www.rockinst.org/HPRC." (New York State Health Policy Research Center via Rockefeller Institute of Government)
Medicare Retiree Drug Subsidy Faces Increased Scrutiny
Excerpt: "The CMS plans to perform financial audits on one-third of all of the 450 prescription drug plans (PDPs) and Medicare Advantage prescription drug plans each year over the next three years, with an eye toward identifying and stemming fraud, waste, and abuse . . . ." (Wolters Kluwer)
Child Health Report Shows Wide Gaps According to Wealth, Education
Excerpt: "in a report released today from the Robert Wood Johnson Foundation, the gap between . . . children becomes startlingly obvious, and a surprising gap between the middle and upper classes is revealed - one that is seen across the country. The report, released in a chartbook called 'America's Health Starts with Healthy Children: How do States Compare?' is a state-by-state examination of the health of children from different social and economic backgrounds." (The Plain Dealer via Cleveland Live, Inc.)
More People Considering Cutting Back on Their Mental Health Therapy Because of Costs
Excerpt: "Across the country, psychiatrists and psychologists say they are seeing an increasing number of patients who are worried about paying for treatment. Some are reducing the amount of time they spend in therapy. Others are trying to negotiate a reduced fee. And, despite doctors' warnings that it can be detrimental, some patients are using tactics to make their medication last longer, such as taking half their dose." (The Wall Street Journal)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview] Do Employers Need to Provide Time off to Vote?
Excerpt: "There is no federal law that requires an employer to give an employee time off, paid or unpaid, to vote. However, most states DO have laws that require employers to provide their employees with time off to vote on Election Day." (Snell & Wilmer LLP)
[Guidance Overview] Financial Rescue Legislation - Employee Benefits and Executive Compensation Provisions (PDF)
4 pages. Excerpt: "As enacted, the legislation contains: Employee benefit and executive compensation provisions of general applicability, as well as Constraints on executive compensation and corporate governance limited to financial institutions that participate in the Treasury program for troubled assets." (Sutherland)
Three Perks That Work in Lieu of Raises
Excerpt: "[W]hile pinching pennies is good for the wallet, it's not always good for employee morale. That's why many entrepreneurs are choosing to offer perks and benefits, in lieu of raises, that may not cost a lot of money but are worth more to employees than the standard 3.8% pay raise." (Entrepreneur.com via TheStreet.com)
Corporate America's Employment Law Concerns
Excerpt: "The Association of Corporate Counsel and the Jackson Lewis law firm have released the results of their annual In-House Counsel Workplace survey. According to the press release, employment issues are a major concern to companies. And among those issues are the changes employers see coming in the next few years. A majority of respondents believed that who becomes our next president will affect the labor and employment laws, but a sizeable minority did not expect that to have an impact." (Workplace Prof Blog)
Leaving Employment by the Federal Government Before Retirement? What Happens To Your Benefits?
Excerpt: "What happens to Your Benefits if you leave before you retire? As many of us periodically think of leaving federal service for various reasons (the grass is greener or the boss from Hell are common reasons) this information is important and can help us make the right decision when or if the time comes." (FedSmith Inc.)
Survey Finds Organizations Are Realizing the Benefits of a Telecommuting Workforce
Excerpt: "The CompTIA study of 212 IT and other professionals in a range of industries shows that the benefits of telecommuting to organizations include improved employee productivity (67%), cost savings (59%), access to more qualified staff (39%), employee retention (37%), and improved employee health (25%)." (PLANSPONSOR.com; free registration required)
IRS Expands Areas Collateral to 409A Arrangements in Which Rulings May Be Issued
Excerpt: "Although the IRS will continue not to issue rulings or determination letters on the income tax consequences of establishing, operating, or participating in a nonqualified deferred compensation plan, as described in Code Sec. 409A , the IRS will generally issue rulings on the application of certain other tax provisions to taxpayers who participate in those plans." (Wolters Kluwer)
Newly Posted Events
Automatic Enrollment Issues: What You Need to Know
Nationwide on November 6, 2008
presented by ASPPA (American Society of Pension Professionals & Actuaries)
Benefits Conference of the South
in Georgia on January 15, 2009
presented by ASPPA & IRS
Newly Posted Press Releases
Employer-Sponsored Retirement System Designed To Weather Economic Challenges, Council Says
American Benefits Council
U.S. Chamber Study Finds Medical Benefits Consume Largest Share of Employer Costs
U.S. Chamber of Commerce
Trust Builders Introduces New Retirement Distribution Model
Trust Builders, Inc.
Newly Posted or Renewed Job Openings
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TPA Relationship Manager - Central Region
for Transamerica Retirement Services
in IL
Benefits Specialist
for Chugach Alaska Corporation
in VA
Retirement Plan Sales
for BOK Financial
in AZ
Handy Links:
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- Using the Web for Employee Benefits Research (hypertext article)
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