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| February 9, 2009 |
| 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]
Federal Children's Health Expansions Include Requirements for Group Health Plans
Excerpt: "In addition to expanding the program to cover an estimated 4 million additional children and raising the cigarette tax by 62 cents per pack, the legislation includes several provisions directly affecting employer-provided group health plans. The law gives states the option to provide a premium assistance subsidy for qualified employer-sponsored coverage to all targeted low-income children eligible for CHIP who have access to such coverage, if the child (or the child's parent) voluntarily elects to receive such a subsidy. The law also allows employers to opt out of being paid the subsidy directly, in which event the state would pay the employee." (Wolters Kluwer)
[Guidance Overview]
Changes to COBRA Included in Stimulus Bill
Excerpt: "Under the current COBRA rules, laid-off employees are generally entitled to COBRA continuation coverage for 18 months regardless of age or years of service with the employer. The Act would extend this period for laid-off employees age 55 and older and for those employees who worked for the employer for ten or more years. The COBRA continuation coverage period will end when such employees become Medicare eligible or secure coverage through another employer." (Blank Rome LLP)
[Guidance Overview]
Updated American Benefits Council Chart Comparing COBRA Provisions in House and Senate Stimulus Measures (PDF)
2 pages. Comparison of Key House and Senate COBRA Provisions updated February 6, 2009. (American Benefits Council)
[Guidance Overview]
New Law Establishing Additional Special Enrollment Rights, Notice, and Disclosure Obligations for Group Health Plans
Excerpt: "EBIA Comment: HIPAA already provides special enrollment rights upon certain losses of eligibility for group health coverage or health insurance coverage, and upon the acquisition of a new spouse or dependent by marriage, birth, adoption, or placement for adoption. The new law goes further to allow special enrollment as a result of loss of eligibility under a Medicaid plan or CHIP and upon becoming eligible for a premium assistance subsidy under Medicaid or CHIP. In contrast to the other special enrollment rights, which require plans to allow enrollment for at least 30 days after loss of other coverage or acquisition of a new dependent (unless a longer period is provided in the plan document), the new special enrollment rights include a 60-day period for requesting coverage." (Employee Benefits Institute of America)
[Guidance Overview]
Expenses Incurred to Father Children Through Unrelated Egg Donor and Gestational Carriers Were Not for Medical Care
Excerpt: "EBIA Comment: The Tax Court distinguished the current case from previous IRS guidance on egg donor expenses . . ., noting that the taxpayer's expenses in the egg donor guidance were deductible because she had unsuccessfully undergone assisted reproductive technology procedures to enable her to conceive and the donated egg was going to be implanted into her body. The case also reminds us that adjudicating infertility expenses can be difficult. Health FSA administrators, who must determine whether an expense qualifies as medical care under Code Section 213(d), generally should not rely solely on the 'fertility enhancement' entry in IRS Publication 502." (Employee Benefits Institute of America)
Some U.S. Employers Searching for Workers Who Are Collecting Health Benefits for Which They Aren't Eligible
Excerpt: "In recent years, such 'dependent eligibility audits' -- where employees are required to provide documented proof, rather than just give their word, that spouses and children are eligible for corporate medical coverage -- have become increasingly popular among large employers seeking to rein in rising medical expenses." (The Wall Street Journal)
Dental Plan Utilization Lower When Employees Pay
Excerpt: "Here's more evidence that cost-cutting can lead to scrimping on important health care services. In a recent poll of 900 dental care consumers age 25 and older, Delta Dental Plans Association found that 83% of benefit plan participants visit their dentist twice or more a year versus 63% of those who pay for their treatment out of pocket." (Employee Benefit Adviser; Registration may be required)
What Employers Have to Look Forward to, or Fear, in Health Care Reform in 2009 (PDF)
6 pages. Excerpt: "Though the issues underlying health care reform are generally agreed upon -- access to affordable, quality health care -- it's the solutions that cause so much difficulty. This article provides an overview of the health reform policies of key players in the new Congress and administration, focusing on the future role policy makers have in mind for employer coverage." (Alston & Bird LLP)
Some Blues Plans Move Toward Making Personal Health Records Interoperable Despite Cost
Excerpt: "The Blues association is working with HL7 and the America's Health Insurance Plans (AHIP) trade group to help resolve technical issues that limit interoperability. The three organizations last December signed an agreement to collaborate on portability standards for personal health records. 'We make sure we're heavily engaged in these organizations to help promote and advance interoperability,' Birnbaum says. 'We're creating the business operating rules that health plans and other associated stakeholders will use.' [Originally published December 18, 2008.]" (AISHealth.com)
Families USA Director Explains What Could Block Health Care Reform
Excerpt: "[Ron Pollack, director of Families USA,] told a small group of bloggers and journalists in an interview at the Families USA conference last Friday, 'I know where the sharp dividing lines are.' When . . . asked 'What are the intractable differences between the insurance industry and health care reform?' Pollack listed three . . . ." (The Century Foundation)
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| Weighing the Value of Your Health Care Plan |
| As health care costs continue to increase faster than inflation and the faltering economy exacts its toll on businesses, employers are struggling to balance the costs of their health care programs with the value these benefits provide to employees. The Orlando Health and Welfare Plan Management for Mid-Sized Employers Conference, March 1–4, 2009, gives you access to expert speakers and valuable information that will help you find the right solutions for your plan and equalize your costs and benefits. |
Links to Items on Executive Comp, Benefits in General
[Guidance Overview]
ERISA Reporting And Disclosure: Eight Common Mistakes To Avoid
Excerpt: "One: Failure to file notice of a blackout period. Retirement plans must provide a notice to plan participants if the participants' ability to direct their investments in the will be limited for three or more business days. The plan's failure to provide such a notice may result in the plan fiduciaries being responsible for any potential investment losses for the period of 'blackout.'" (Chang, Ruthenberg & Long PC)
Senator Dodd Proposes Retroactive Executive Pay Limit
Excerpt: "Legislation proposed in the U.S. Senate on Wednesday differs from President Obama's proposal for limiting executive pay for bailout recipients in that its rules are retroactive. Senator Christopher Dodd (D-Connecticut), chairman of the Senate Banking Committee, said his proposal would affect all recipients of money from the Troubled Asset Relief Program (TARP), both past and future, according to Reuters. Dodd's legislation would restrict pay at all TARP recipients and give the government the power to 'claw back' any bonus already paid to an executive based on false information." (PLANSPONSOR.com; free registration required)
Protective Steps to Follow When Cutting Your Workforce
Excerpt: "As the economy declines, your business may be working to find new efficiencies in your operations. One mechanism to consider is a reduction in force or RIF; however, the financial benefits of a RIF can be eaten up quickly if the RIF results in a lawsuit or several lawsuits. RIFs require terminating multiple employees, bringing not only the risks of allegations of discrimination, retaliation and breach of contract as any other termination but also unique legal challenges, such as obligations to provide particular notice to employees." (The Fort Worth Business Press)
Cincinnati Bell Will Freeze Pension and Phase Out Retiree Health
Excerpt: "Cincinnati Bell said last week that it would freeze pension benefits for some management employees, as well as management salaries. According to the Business Courier, the telecommunications company said it was freezing pension credits, effective March 28, for salaried employees under the age of 50. Employees over 50, who haven't accepted an early retirement option, will continue earning pension credits through 2018, when they will end. Cincinnati Bell, which ended its pension plan for new salaried workers a couple of years ago, also said it will phase out the retiree health-care plan for management employees and certain other employees over a 10-year period . . . ." (PLANSPONSOR.com; free registration required)
[Opinion]
Wrongs That Can't Be Remedied: ERISA Preemption and Limited Statutory Remedies
Excerpt: "Paul Secunda, the law professor formerly known as the workplace prof, has a new law review article out on the 'wrong without a remedy' aspect of ERISA litigation, which is the fact that the broad scope of preemption can combine with the limited range of remedies available under ERISA in a way that makes some alleged wrongs involving employee benefit plans simply not redressable. Notice that unlike many commentators, including Paul in his article, I call it an aspect of ERISA litigation, rather than a problem, as, contrary to Paul's article, I am not convinced this isn't the logical outcome, rather than the problematic distortion, of the original statutory structure. Either way, there is certainly room to argue over whether, and if so what, should be done about this aspect, and Paul provides his own version of changes that could be enacted legislatively or by judicial development to eliminate the 'wrong without a remedy' scenario." (Stephen Rosenberg of The McCormack Firm, LLC)
Newly Posted Press Releases
Notice To Defined Benefit Plans Concerning Funds Invested With Bernard L. Madoff Investment Securities LLC
Pension Benefit Guaranty Corporation (PBGC)
ERIC Urges Balance on Health Information Technology and Privacy
ERIC (ERISA Industry Committee)
First-of-Its-Kind Program Aims to Reduce Primary Barrier to Breastfeeding for Hourly and Lower-Wage Working Mothers
Corporate Voices for Working Families
Newly Posted or Renewed Job Openings
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Handy Links:
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