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January 16, 2009

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


Today's sponsor is Health Benefits Conference & Expo (HBCE)

(Click on company name or banner to learn more.)
Banner ad for Health Benefits Conference & Expo (HBCE)

Nat'l Health Benefits Conference & Expo (HBCE), Feb. 3-4, Tampa, FL

Sessions by: Intel, Corning, Toyota, TECO Energy, Broward County Schools, Burger King, SAS, Gulf Power/Southern Company, Pepco Holdings, Inc. (PHI), Univ. of Pittsburgh Medical Center, U.S. Xpress, PSEG, Mayo Clinic, University of Rochester, Pinellas County, CEO Roundtable on Cancer, City of Clearwater, C-Change, Manatee County...and more. Satisfaction guaranteed...or your registration refunded. Best Value in Health Benefits Continuing Education (HBCE) - highest quality and registration only $295 - $345. SHRM credits. www.HBCE.com

[Guidance Overview]
Recent Guidance Impacting Employer Group Health Plans (PDF)

2 pages. Reprinted from Employee Benefit Plan Review. Excerpt: "Recent guidance from the IRS explains how qualified reservist distributions may be made from employer health flexible spending account plans and includes a transitional rule permitting retroactive plan amendments to be made until December 31, 2009." (Winston & Strawn LLP)


[Guidance Overview]
Are You Ready for the New FMLA Regulations? (PDF)

8 pages. Excerpt: "Employers should . . . carefully examine their FMLA policies and procedures to ensure consistency with these new regulations. Here are the highlights of the relevant changes." (Holland & Hart LLP)


[Guidance Overview]
New FMLA Regulations Include Military Family Leave Entitlements (PDF)

7 pages. Excerpt: "Late last year, the Department of Labor issued revised and updated final regulations on the federal Family and Medical Leave Act of 1993, including the new military family leave entitlements. The new regulations take effect on January 16, 2009." (Buck Consultants)


Health Blog: Obama Aims to Help Patients Wipe Away Medical Debts
Excerpt: "Barack Obama wants to make it easier for patients facing bankrup.tcy because of medical bills to eliminate those debts. A bullet point within his economic agenda says: 'Obama and Biden will create an exemption in bankrup.tcy law for individuals who can prove they filed for bankrup.tcy because of medical expenses. This exemption will create a process that forgives the debt and lets the individuals get back on their feet.'" (The Wall Street Journal)


Health Affairs Magazine Publishes Series of Health Reform Papers
Articles include Health Reform: A Bipartisan View; Health Care Reform: Why We Cannot Afford To Fail; Health Care Transformation And CEO Accountability; Health Reform: Getting The Essentials Right; The Pitfalls Of Overreaching In Health Reform; A New Approach To The State-Federal Relationship In Health; Don't Forget About The Social Determinants Of Health; and Global Health For A Globally Minded President (Health Affairs)


Public Wary of Health Reform Trade-Offs
Excerpt: "Prospects for health reform drop significantly when Americans hear potential financial trade-offs associated with expanding health insurance coverage, a poll indicates. For example, nearly seven in 10 people say they favor the concept of requiring employers to provide their workers with health insurance or contribute into a fund that pays to cover the uninsured. President-elect Barack Obama has called for such an employer mandate for medium and large businesses. But what if they heard the mandate would cause some employers to lay off workers? Support falls dramatically -- to about three in 10 people, according to a new national survey conducted by the Kaiser Family Foundation and the Harvard School of Public Health." (AP via Yahoo! News)


Coca-Cola Files to Fund Retiree Health Through Special Trust
Excerpt: "In its official filing seeking regulatory approval, Coca-Cola Co. detailed a plan to fund retiree health care benefits through a special trust and its South Carolina-domiciled captive insurance company. Under the proposal, which Coca-Cola filed last week with the Labor Department, the company would use $187 million in assets now held in a voluntary employee beneficiary association to purchase medical stop-loss policies from Prudential Insurance Co. of America to pay claims over the expected lifetimes of about 4,000 retirees and dependents." (Workforce Management; free registration required)


Massachusetts Health Reform: Solving the Long-Run Cost Problem
Excerpt: "Many of Massachusetts's health reforms have brought about positive change: the number of uninsured has fallen by half, access to needed care has increased, and private insurance has not been 'crowded out' by public insurance programs. But the Massachusetts initiative has also seen higher than anticipated costs. In a new analysis, John Holahan and Linda Blumberg summarize the state's accomplishments, examine the challenges, and suggest four options for addressing long-term costs. According to the authors, much of Massachusetts's high spending growth is due to the concentration in the state's hospital and insurance markets." (Urban Institute)


New Scholarship on Common Fund Doctrine Application to ERISA Subrogation Cases
Excerpt: "Thanks to Richard Bales at the Workplace Prof Blog for calling attention to this important work by Farish Percy (Mississippi) on the common fund doctrine as it may apply in ERISA cases. The subject is complex, and Farish makes a commendable effort to render it intelligible." (Health Plan Law)


New Benefits-Related Legislation Focuses on Health Care
Excerpt: "On the first two days of the 111th Congress, legislators introduced [benefits-related legislation on Health Care Reform]." (Wolters Kluwer)


Public Employers Focusing More on Disease Management, According to Survey
Excerpt: "A recent health care survey found the majority of public sector employers are working to control costs by implementing disease management and wellness programs, instead of introducing consumer-driven health plans (CDHPs). A news release from the International Foundation of Employee Benefit Plans (IFEBP) said more than half of public employers who responded to the survey indicate they have implemented a disease management (69%) or a wellness program (65%)." (PLANSPONSOR.com; free registration required)


Survey: The Public's Health Care Agenda for the New President and Congress
Excerpt: "This survey captures the public's attitudes regarding the health care agenda for President-elect Obama and the new Congress in 2009. It assesses the relative priority placed on health care by the American public as part of addressing the economic recession and as a large scale reform issue. The public's priorities for health care reform and their views on a range of other health policy issues are presented." (Kaiser Family Foundation)


Testimony on Health Information Technology: Federal Agencies' Experiences Demonstrate Challenges to Successful Implementation (PDF)
25 pages. Excerpt: "As GAO and others have reported, the use of information technology (IT) has enormous potential to help improve the quality of health care and is important for improving the performance of the U.S. health care system. Given its role in providing health care, the federal government has been urged to take a leadership role to improve the quality and effectiveness of health care, and it has been working to promote the nationwide use of health IT for a number of years. However, achieving widespread adoption and implementation of health IT has proven challenging, and the best way to accomplish this transition remains subject to much debate." (U.S. Government Accountability Office)


Wellness Programs Offset Rising Employee Health Care Costs
Excerpt: "For most companies, employee health care is one of their costliest items and is constantly under review. Often times, the only choice that companies can make in order to reduce this cost is to share the burden with their workers. However, employers are also investing in corporate wellness programs to offset higher medical costs that their employees may incur." (TransWorldNews, Inc.)


[Opinion]
Single Payer Promotes Economic Recovery As Well As Solving the Health Care Nightmare

Excerpt: "What if we could end the healthcare crisis dogging our nation -- and grow 2.6 million jobs at the same time? The good news is we can do exactly that. If America summons the courage, and the will, to resolve our healthcare crisis, we can provide our national economy with a genuine and long-term stimulus, and continue moving towards the kind of sustainable development with quality jobs that our nation desperately needs. A new study with eye popping numbers released by the Institute for Health and Socio-Economic Policy (IHSP) January 13 uncovers the details. You can read it at www.calnurses.org." (California Progress Report via California Nurses Association / National Nurses Organizing Committee)


[Opinion]
NEJM Perspectives Examine President-Elect Barack Obama's Prospects for Health Care Reform

Excerpt: "[In 'Visions for Change in U.S. Health Care -- The Players and the Possibilities,' New England Journal of Medicine,] John Iglehart, a national correspondent for NEJM, examines how President-elect Barack Obama 'demonstrated in his early appointments the importance he attaches to maintaining close ties between Congress and the White House.' [In Health Care Reform -- Why So Much Talk and So Little Action?' NEJM,] Victor Fuchs, a professor emeritus of economics at Stanford University, examines the obstacles that Obama might face in his efforts to 'seek badly needed changes in the way the United States finances and delivers health care.'" (Kaiser Family Foundation)


[Opinion]
Can the Media Derail Health Care Reform?

Excerpt: "Unfortunately, reporters aren't health care policy experts. In fact, they rarely ever talk about the issue. In a December report, the Kaiser Family Foundation found that, out of 3,513 health news stories in newspapers, on TV and radio, and online between January 2007 and June 2008, health care policy comprised less than one percent of news stories and just 27.4 percent of health-focused stories. Instead of talking about issues like coverage, prescription drug care, costs, or public programs, the media prefers to report on specific diseases and conditions (cancer, diabetes, obesity and heart disease) and potential epidemics (contaminated food and water, vaccines, binge drinking). Together, these two topics comprised 72.6 percent of health coverage. This is less than ideal." (Maggie Mahar via The Century Foundation)



ALM (Sponsor)

(Click on company name or banner to learn more.)
Banner ad for ALM

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.


Links to Items on Executive Comp, Benefits in General

[Guidance Overview]
Special Reporting Requirements Regarding Incentive Stock Options and Employee Stock Purchase Plans

Excerpt: "This Alert will serve as a reminder of certain year-end reporting requirements imposed with respect to incentive stock options and employee stock purchase plans and as a notification of changes in future reporting requirements." (Cooley Godward Kronish LLP)


[Guidance Overview]
Offshore Hedge Funds, and Others, in the Cross-Hairs as IRS Issues Interim Guidance Implementing Code § 457A

Excerpt: "Section 801(a) of the Tax Extenders and Alternative Minimum Tax Relief Act of 20081 added to the Internal Revenue Code (the 'Code') new Section 457A. Code § 457A changes the tax rules that apply to deferred compensation arrangements maintained by certain foreign corporations and domestic and foreign partnerships. On January 9, 2009, the IRS issued Notice 2009-8, which provides interim rules implementing Code § 457A and invites comments on certain aspects of the new law. This client advisory explains the key features of Notice 2009-8." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)


Employees Refocus on Stabilizing Income and Benefits During Down Economy
Excerpt: "Economic strain and fear of losing their jobs seems to have employees shifting their focus from maximizing career advancement and incentive opportunities to securing basic pay and benefit packages, according to Towers Perrin research." (PLANSPONSOR.com; free registration required)


Tax Breaks Offered for Bicycle Commuters: Companies May Reimburse Employees
Excerpt: "A new law introduced by a congressman from Oregon may soon have commuters reaching for bike helmets instead of car keys. The Bicycle Commuter Act, sponsored by Rep. Earl Blumenauer, allows tax breaks for companies who have employees bicycling to and from work. Companies that opt in for the Bicycle Commuter Act can receive a $20 tax credit each month for every employee biking to work. The credit is meant to offset the costs of bicycle purchase, improvement, repair and storage. Based on how the employer offers the benefits, the employee may bring receipts to be reimbursed or may sign up for monthly payments." (KPTV; Portland, OR)


Employee Ownership Update for January 15, 2009
NCEO Executive Director Corey Rosen discusses an increase in stock drop cases involving 401(k) plans and ESOPs; an analysis of stock option valuation assumptions; the recoverability of equity-based compensation deferred tax assets; NCEO volunteer opportunities; and the Great Game of Business conference. (National Center for Employee Ownership)




Newly Posted Events

Communicating with Employees during Economic/Market Downturn (Economic E-Conference)
Nationwide on February 26, 2009
presented by International Foundation of Employee Benefit Plans

Current Issues in Employee Benefit Plans Seminar
in New York on January 21, 2009
presented by Salibello & Broder LLP

HIPPA And Other Health Benefits Laws Compliance Assistance Seminar - Free
in Florida on January 28, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Innovative Ways to Save Money Yet Enhance Your 401(k) (Economic E-Conference)
Nationwide on February 25, 2009
presented by International Foundation of Employee Benefit Plans

Introduction to Benefits
in Pennsylvania on February 11, 2009
presented by PEBA --Penjerdel Employee Benefits & Compensation Assn.

Saving Short-Term - Retaining Long-Term (Economic E-Conference)
Nationwide on February 24, 2009
presented by International Foundation of Employee Benefit Plans

The Colorado Economy: Then and Now (with Alison Felix of the Federal Reserve Bank)
in Colorado on February 10, 2009
presented by Western Pension and Benefits Conference-Denver Chapter



Newly Posted Press Releases

PBGC Posts Financial, Performance Gains in 2008 Annual Report; Director Millard Urges Continued Investment Diversification
Pension Benefit Guaranty Corporation (PBGC)

U.S. Labor Department And IRS Unveil Publication To Help Small Employers Understand Automatic Enrollment For 401(k) Plans
U.S. Treasury Department and Internal Revenue Service

Public Sector Employers Unlikely To Adopt Consumer-Driven Health Plans, Instead Turn to Wellness and Disease Management Programs to Control Costs and Improve Quality
International Foundation of Employee Benefit Plans

Convergent Retirement Plan Solutions, LLC, Launches Interactive, Online Retirement Education And Planning Resource For Near Retirees
Convergent Retirement Plan Solutions, LLC



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