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January 13, 2009

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


Today's sponsor is BeneCom Associates, LLC

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[Guidance Overview]
Washington, DC's Proposed Sick and Safe Leave Regulations

Excerpt: "Since the Act applied beginning November 13, 2008, employers have had to implement the confusing and contradictory statute with little guidance. Now that the proposed rules are published, employers have thirty (30) days after the publication date of December 19, 2008 to submit written comments. DOES will publish final regulations at some point after January 20, 2009 and may also issue a 'Frequently Asked Questions' guide for additional enforcement guidance. This article summarizes some of the main issues addressed by the proposed regulations, offers Practice Tips for interim compliance, and provides instructions for submitting public comments." (McGuireWoods LLP)


[Guidance Overview]
Mandatory Medicare Insurance Reporting: Employer Duties (PDF)

2 pages. Excerpt: "[The Bulletin discusses] guidance from the Centers for Medicare & Medicaid Services (CMS) on new data-reporting obligations for self-insured, self-administered group health plans, insurers and third party administrators . . . . As noted in the Bulletin, the new data-reporting requirements are designed to facilitate coordination of benefits with Medicare." (The Segal Group, Inc.)


[Guidance Overview]
2008 Form M-1, Including Self-Compliance Tool, Made Available by DOL with Few Changes from Previous Year

Excerpt: "EBIA Comment: Substantial penalties apply for failing to comply with the Form M-1 reporting requirements -- the administrator of a MEWA may be subject to penalties of up to $1,100 per day of noncompliance and there is also the potential for personal liability of the administrator. Thus, filings of the Form M-1 should be completed on a timely basis." (Employee Benefits Institute of America)


[Guidance Overview]
CMS Updates Group Health Plan User Guide for Medicare Secondary Payer Mandatory Reporting

Excerpt: "[The Centers for Medicare & Medicaid Services] has updated the User Guide for group health plans on its Medicare Secondary Payer (MSP) mandatory reporting website. Like the earlier version of the guide . . ., the updated version covers a wide range of topics relevant for the 'responsible reporting entities' (RREs) who must provide information to CMS in order to help CMS identify situations in which the plans are (or have been) primary to Medicare." (Employee Benefits Institute of America)


Health Insurer, UnitedHealth Group Inc., Settles With New York Over Bill Database
Excerpt: "Under a settlement with New York, UnitedHealth Group Inc. will overhaul a health insurance industry pricing database to make sure patients are fully reimbursed for care when they use physicians outside their insurance network. The settlement is national in scope and could cut costs for millions of Americans. Minnetonka, Minn.-based UnitedHealth, one of the nation's largest health insurers, operates the database under its Ingenix business unit. Many insurers determine out-of-network claims reimbursement using the database, which has been the focus of other litigation." (AP via The New York Times; free registration required)


Changes in Health Care Financing & Organization: News & Progress, January 2009 (PDF)
12 pages. The newsletter reviews research on all aspects of health care reform. (The Robert Wood Johnson Foundation)


Work-Site Clinics Gaining in Popularity, According to Survey
Excerpt: "The clinics, traditionally used to treat occupational injuries in industrial and manufacturing settings, are becoming an increasingly popular way to control health care spending and to enhance productivity, Mercer says." (Workforce Management; free registration required)


Wellness Programs Benefit from Management Support
Excerpt: "Workplace wellness programs that incorporate goal-setting and receive management support are twice as likely to improve employee activity levels as merely providing information to employees on the health benefits of exercise, a study finds. . . . 'Move to Improve: A Randomized Workplace Trial to Increase Physical Activity' will be published in the February 2009 issue of the American Journal of Preventive Medicine, and is available to subscribers at www.ajpm-online.net." (Workforce Management; free registration required)


Employer Groups Push for Health Care Reform, Reject Mandatory Employer-Provided Insurance
Excerpt: "In addition to helping laid-off workers continue receiving their employers' group health insurance, the federal government should make health care reform a centerpiece of any comprehensive stimulus plan, according to a proposal from the American Benefits Council." (Workforce Management; free registration required)


UnitedHealth Group Agrees to Update Its Fee Data
Excerpt: "In a settlement with one of the nation's biggest insurers, New York's attorney general, Andrew M. Cuomo, has ordered an overhaul of the databases the industry uses to determine how much of a medical bill is paid when a patient uses an out-of-network doctor. A statement from Mr. Cuomo's office said the industry had engaged in 'a scheme to defraud consumers' by systematically underpaying the nation's patients by hundreds of millions of dollars over the last decade. The move, to be announced Tuesday, is part of a settlement with the insurance giant UnitedHealth Group, which operates the industry databases. It results from a yearlong investigation by Mr. Cuomo's office that concluded the data had understated the true market rates of medical care by up to 28 percent." (The New York Times; free registration required)


Wife Says Hospital Fired Her Because of Her Husband's Expensive Cancer Treatment
Excerpt: "Tony Dewitt died in August 2006, feeling betrayed by an institution he depended on for scans and emergency medical services. Experts say more conflicts of this kind are likely as economically stressed employers confront escalating health-care costs and the reality that a small number of sick employees or family members account for the vast majority of medical expenses." (Chicago Tribune)


[Opinion]
Obama Plan a Dubious 'Fix' for U.S. Health Care

Excerpt: "Real solutions require a new way of thinking. Just putting more money into the taxpayer-financed health sector is looking backward, not forward. Instead, we should build a system that offers choice, competition and innovation - and puts doctors and patients, not bureaucrats, in charge." (The New York Post via Galen Institute)


[Opinion]
ERIC Letter to Sens. Baucus, Grassley, Nelson, Enzi and Wyden Regarding Recording of Group Health Plan Premiums on Form W-2 (PDF)

4 pages. (The ERISA Industry Committee)



University Conference Services (Sponsor)

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Links to Items on Executive Comp, Benefits in General

Barney Frank Targets Executive Compensation in TARP Reform Legislation
Excerpt: "On Friday, January 9, 2009 House Financial Services Committee Chairman Barney Frank (D-MA) introduced H.R. 384, the TARP Reform and Accountability Act, to amend the TARP provisions of the EESA. The new legislation would amend the executive compensation provisions of TARP to clarify some requirements and add others. Importantly, H.R. 384 makes it clear that the Treasury may apply the new requirements to any institution that received TARP assistance since the date TARP was established." (Michael S. Melbinger via Winston & Strawn LLP)


What's New for Executive Compensation in the 2009 Proxy Season
Excerpt: "Although the SEC did not do a targeted review of executive compensation disclosures in 2008 as it did in 2007, the SEC did review executive compensation disclosures in connection with the Division of Corporation Finance's traditional review program. In his speech entitled, 'Executive Compensation Disclosure: Observations on Year Two and a Look Forward to the Changing Landscape for 2009,' Mr. White discussed his observations regarding the 2008 executive compensation disclosures and his suggested approach to compensation disclosures in 2009." (Dorsey & Whitney LLP)


The Executive Compensation Dilemma: What Should the Board and Compensation Committee Be Doing
Excerpt: "This article analyzes what the board of directors and members of its compensation committee should be doing when addressing compensation decisions. With appropriate analyses, thoughtful questioning and a careful process, a board of directors and its compensation committee can potentially build corporate value by creating appropriate incentives for key employees, effectively protect itself, avoid excessive risk to the organization, provide adequate disclosure to its shareholders and avoid problems such as the departure of valuable executives and embarrassing and expensive litigation." (Employee Benefit Plan Review via Blank Rome LLP)


America Becoming a Nation of Savers?
Excerpt: "After hovering near zero for much of the decade, savings as a portion of disposable income rose from 2.4 percent in October to 2.8 percent in November, according to the Bureau of Labor Statistics. Also in November, auto loans, credit cards and other forms of consumer borrowing fell by $7.9 billion, the largest dollar amount since recordkeeping began, more than 50 years ago." (The Washington Post; free registration required)


The Problem with HR Pitching Voluntary Benefits
Excerpt: "Topic - 'Voluntary Benefits', defined as benefits in which the employee pays all of the cost, provide employees with options for benefits and insurance coverage they might not otherwise be able to afford. The affordability of such benefits is usually enhanced by the face that employees can often pay for voluntary benefits with pre-tax dollars. Sounds noble, right? Here's are a few problems that are often overlooked . . . ." (Benefits Buzz)


[Opinion]
Legislating Executive Compensation: Unintended Consequences Ahead?

Excerpt: "As a new administration prepares to take office in January, companies are preparing for what is anticipated to be a lively congressional debate on perceived inequities between compensation paid to corporate executives versus that paid to rank-and-file employees. While many new ideas are certain to emerge between now and then, we've seen a number of proposals, some of which have become part of the recent bank bailout legislation. In addition, shareholder activists have enjoyed some success in winning approval for 'say on pay' shareholder votes." (Watson Wyatt Worldwide)




Newly Posted Events

The Restructuring of the 401(k): Fiduciary Insights on the Third Major Watershed in ERISA
in Pennsylvania on February 4, 2009
presented by ASPPA Benefits Council of Delaware Valley



Newly Posted Press Releases

PSCA Says Inadequate Regulation, Reckless Conduct and Unethical Behavior Are The Problem, Not 401(k), Its Sponsors and Providers
Profit Sharing/401(k) Council of America (PSCA)



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