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| November 13, 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 (EBIA)
(Click on company name or banner to learn more.)
| Health and Welfare Roundup 2008 |
| The recent onslaught of new benefits law changes — mental health parity rules, required coverage for college students, final regulations on coverage for newborns and mothers, and more — means that 2008 is packing a bigger-than-expected compliance bang. Let EBIA help you sort out what the developments really mean for health and welfare plans. For more information and to register, please visit EBIA's Web Seminars. |
[Guidance Overview] New California Legislation Mandates Security Standards and Breach Notifications for Medical Information
Excerpt: "Effective January 1, 2009, California businesses may be held liable for unauthorized access, use, or disclosure of confidential medical information. California Senate Bill No. 541 (S.B. 541) and Assembly Bill No. 211 (A.B. 211), which amend the California Civil Code and the California Health and Safety Code, were signed September 30, 2008, by Governor Arnold Schwarzenegger. The action was motivated in part by recent, notorious incidents of unauthorized access and disclosures of celebrity medical records." (Wilson Sonsini Goodrich & Rosati)
[Guidance Overview] First Circuit Allows ERISA Retained Asset Account Claim to Proceed (PDF)
Excerpt: "On November 6, 2008, the U.S. Court of Appeals for the First Circuit overturned the dismissal of a complaint against an insurer asserting breaches of fiduciary duties under ERISA where the insurer paid life insurance benefits by means of a retained asset account. In so ruling, the court rejected arguments by the insurer (1) that payment through the retained asset account was the equivalent of a lump sum payment and (2) that the breach of fiduciary duty claim was precluded by ERISA's guaranteed benefit contract provision." (Sutherland)
[Guidance Overview] Extension of Health Coverage for College Students
Excerpt: "The plan must continue coverage for a dependent child on a medically necessary leave of absence at the same level of benefits as the student had before taking the leave. If there are any modifications to the plan, continued coverage must apply as long the plan offers coverage to dependent children." (SunGard)
[Guidance Overview] Expanded Provisions for Mental Health Parity
Excerpt: "There is a new requirement for the plan administrator to disclose the criteria for medical necessity determinations made under the plan with respect to mental health or substance use disorder benefits to any current or potential plan participant, beneficiary or contracting provider upon request. The rule also requires that the reasons for any claim denials of payment for services or reimbursement with respect to mental health or substance use disorder benefits be made available to the plan participant or beneficiary on request or as otherwise required by regulations." (SunGard)
[Guidance Overview] Changes to Federal Income Tax Definition of Dependent Effective in 2009
Excerpt: "The Fostering Connections to Success and Increasing Adoptions Act of 2008 made a number of changes to the IRC §152 definition of 'dependent,' effective for taxable year beginning after December 31, 2008. These changes are noteworthy for employers because the IRC §152 dependent definition forms the basis for determining if employees can cover certain individuals under their employers' group health plans on a tax preferred basis. " (Deloitte via BenefitsLink.com)
GM Requires Salaried Workers to Take More Vacation
Excerpt: "In an effort to conserve cash, General Motors will require thousands of salaried workers to take two additional vacation days in December. Those days will be taken on top of GM's two-week holiday shutdown next month." (Workforce Management; free registration required)
Mental Health Parity Legislation, Cost-Sharing and Substance Abuse Treatment Admissions
Excerpt: "Treatment is highly cost-effective in reducing an individual's substance abuse (SA) and associated harms. However, data from Treatment Episodes (TEDS) indicate that per capita treatment admissions have remained flat (1992-2003) despite an increase in heavy drug use." (National Bureau of Economic Research; paid subscription or individual purchase required to retrieve fulltext)
Child Care Ranks High Among Important Workplace Benefits
Excerpt: "Child care is one of the most important workplace benefits for families with two working parents, according to a study released by the Consulting Practice at Bright Horizons Family Solutions. The study indicates that one in four parents using work-site child care have actually turned down or not pursued a job change because of the lack of work-site child care." (Wolters Kluwer)
Baucus Health Care Proposals - A Call to Action (PDF)
4 pages. Excerpt: "Like a sturdy stool, the Call to Action has three equally important legs: (1) a policy that ensures meaningful coverage and care to all Americans; (2) an insistence that any such expansion be coupled with an emphasis on higher quality, greater value, and -- over time -- less costly care; and (3) an absolute commitment to weed out waste, eliminate overpayments, and design a sustainable financing system that works for taxpayers as well as for the nation's recipients and providers of health care." (American Benefits Council)
In Chronic Condition: Experiences Of Patients With Complex Health Care Needs, In Eight Countries, 2008
Excerpt: "This 2008 survey of chronically ill adults in Australia, Can.ada, France, Germany, the Netherlands, New Zealand, the United Kingdom, and the United States finds major differences among countries in access, safety, and care efficiency. U.S. patients were at particularly high risk of forgoing care because of costs and of experiencing inefficient, poorly organized care, or errors. The Dutch, who have a strong primary care infrastructure, report notably positive access and coordination experiences. Still, deficits in care management during hospital discharge or when seeing multiple doctors occurred in all countries. Findings highlight the need for system innovations to improve outcomes for patients with complex chronic conditions." (Health Affairs)
Employers Say Keep Health Care Employer-Based
Excerpt: "Some 64% of employers who sponsor a health care plan and who participated in a recent survey contend that the U.S. health care system should be primarily based on the employer-delivery model. According to a news release from the International Foundation of Employee Benefit Plans (IFEBP), 71% of employers polled still contend the health care delivery system needs major surgery." (PLANSPONSOR.com; free registration required)
Tuition Reimbursement Becoming an Important Recruitment and Retention Tool
Excerpt: "Even in a cash-strapped economy, tuition benefits offer employers and employees a relatively low-cost, feel-good benefit that will keep giving long after the payouts end." (Employee Benefit News; free registration required)
[Opinion] Max Baucus' Health Care Reform Requires Individual Mandate
Excerpt: "[Senate] Finance Chairman Max Baucus issued a 'Call to Action' for Health Care Reform. And it is shockingly honest. The bombshell in the plan is that it would require every American to purchase health insurance. There would be sliding subsidies for everyone under four times the Federal poverty level ($70,400 for a family of 3), but there would be no exemptions." (The Century Foundation)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview] Document Compliance Deadline for Section 409A
Includes a list of arrangements that could be subject to Section 409A and that should be reviewed and amended prior to December 31, 2008 for compliance with Section 409A. (Trucker Huss)
Newly Posted Events
4th Quarter Update - Looking Ahead on Employee Benefits Issues
Nationwide on November 19, 2008
presented by Ogletree Deakins
All-Day Seminar with Sal Tripodi, Esq., APM
in Colorado on December 9, 2008
presented by Western Pension and Benefits Conference-Denver Chapter
Four Strategies to Cut Your Group Medical Premiums
Nationwide on November 13, 2008
presented by Healthy Halo
Hot Topics in Employee Benefits 2008
in New York on November 19, 2008
presented by New York City Bar Association, Committee on Employee Benefits and Executive Compensation
Legislative Update with Craig J. Davidson, CEBS -- New ADA Rules, Mental Health Parity Act and New Definitions under FMLA
Nationwide on November 18, 2008
presented by Davidson Marketing Group -- FutureOffice Network
Newly Posted Press Releases
Former Head Of Human Resources For Major Electronic Manufacturer Arrested For Defrauding Health Care Plan Of Close To $8 Million
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Employers Want National Approach to Health Care — Still Believe Employer-Based System Works Best
International Foundation of Employee Benefit Plans
Newly Posted or Renewed Job Openings
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Administrative Team Member
for Benefit Solutions Corporation
in WI
Senior Defined Benefit Data Analyst
for Diversified Investment Advisors, Inc.
in MA
Retirement Plans Consultant
for McKay Hochman Co., Inc.
in NJ
Pension Administrator
for 401(k) Recordkeeper
in NY
Defined Contribution Client Management Specialist (Client Consultant)
for Prudential Financial
in PA
Retirement Plan Administrator
for PENSYS, INC.
in CO
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- Using the Web for Employee Benefits Research (hypertext article)
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