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| March 6, 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]
New FMLA Regulations Require Immediate Steps to Ensure Employer Compliance
Excerpt: "First, every employer covered by the FMLA is required to post a notice explaining employee rights and responsibilities under the FMLA - including the new rights created by the military family leave amendments. An employer can fulfill this 'general notice' requirement by posting the newly revised DOL 'Employee Rights and Responsibilities' poster on its premises in conspicuous places where employees work. Covered employers must post this general notice even if they do not have any employees currently eligible to take FMLA leave. The new regulations provide that electronic posting of the general notice is sufficient, so long as it includes all of the information in the updated DOL rights and responsibilities poster and the electronic notice is accessible to all employees." (Perkins Coie LLP)
[Guidance Overview]
Creating a Nationwide Health Information Technology Infrastructure while Protecting Patient Privacy and Security
Excerpt: "Included in [The American Recovery and Reinvestment Act of 2009] is the Health Information Technology for Economic and Clinical Health (HITECH) Act that focuses on the development of a nationwide health information technology (HIT) infrastructure that supports electronic health records and health information exchanges. To accomplish this, the act includes provisions for: creating standards, implementation specifications and certification criteria for network interoperability, implementing the health network and electronic health records (EHRs) through grants, loan funds, incentive programs, and information sharing, and encouraging the use of the health network by improving information privacy and security." (Pepper Hamilton LLP)
[Guidance Overview]
When Employer Lapses Cost Participants Their Coverage - Wrong Without Remedy?
Excerpt: "This case is reminiscent of the disturbing cases which the Eighth Circuit cites as in accord with its opinion. (See, Amschwand v. Spherion Corp., 505 F.3d 342, 343, 348 (5th Cir. 2007) (section 1132(a)(3)(B) does not permit 'damages in the form of payment of life insurance benefits that would have accrued to a plan beneficiary but for a plan fiduciary's breach of fiduciary duty'); Callery v. U.S. Life Ins. Co., 392 F.3d 401, 406 (10th Cir. 2004)) Here the plan participant, Dr. Pichoff, had $1 million plus in life insurance benefits. A year after acquiring this coverage through his employment, Dr. Pishoff is diagnosed with cancer. You can imagine the consolation he must have taken in the insurance benefits he had obtained." (Health Plan Law)
[Guidance Overview]
EEOC's Proposed GINA Regulations
Excerpt: "Now would be a good time for employers to review their policies and procedures to ensure compliance with the requirements of the Genetic Information Nondiscrimination Act (GINA). On March 2, 2009, the Equal Employment Opportunity Commission (EEOC) published its proposed regulations for Title II of GINA in the Federal Register, initiating a 60-day comment period ending May 1, 2009." (Ballard Spahr Andrews & Ingersoll, LLP)
Federal Employee Health and Retiree Benefits Again Among Areas Congressional Analysts Have Examined for Potential Cuts
Excerpt: "Here are some possibilities [the Congressional Budget Office] looked at in its latest 'Budget Options' report . . . ." (GovernmentExecutive.com)
Audio and Text: Who's Paying to Overhaul the Nation's Health System?
Excerpt: "One measure of President Obama's commitment to health care overhaul can be found in his budget. The administration's ten-year spending plan includes more than $630 billion to help cover the cost of expanding coverage and improving care. 'This is a significant down payment that is fully paid for and does not add one penny to our deficit.' Obama told participants at a White House health care summit Thursday." (Morning Edition via National Public Radio)
New SSRN Article: Preempting Discrimination: Lessons from the Genetic Information Nondiscrimination Act
Excerpt: "Jessica Roberts (Columbia fellow) has just posted on SSRN her article Preempting Discrimination: Lessons from the Genetic Information Nondiscrimination Act. Here's the abstract . . . ." (Workplace Prof Blog)
Matching Patterns: An Evidence-Based Approach to Medical Underwriting (PDF)
2 pages. Excerpt: "An evidence-based approach to medical underwriting can give insurers better control over risks and costs. Specifically, an understanding of cost behavior for certain treatments can provide foresight and forecasting of trends." (A.M. Best Company, Inc. via Milliman)
Google Enables Medical Profile Sharing for Google Health
Excerpt: "Google is allowing users of its Google Health solution to share their medical records and other personal health information with trusted contacts. Google's latest addition to its health care IT portfolio is helping to keep the search engine giant relevant against the likes of Microsoft and health-care-specific Web sites such as WebMD." (Ziff Davis Enterprise Holdings Inc.)
EAPs Can Help Stressed-Out Workers, But They Are Not Miracle Benefits
Excerpt: "One problem is that many people, both employers and employees, have an antiquated impression of EAPs. 'In many cases people still tend to equate the EAP with its original intention 30 years ago, which was really put in place to help organizations with substance abuse issues and things like that,' . . . . The intervening decades have seen the programs expand. Just like any benefit, the key to making sure workers know about it and use it is communication." (Employee Benefit Adviser; Registration may be required)
Obama Says He Is Open to Altering Health Reform Plan
Excerpt: "President Obama vowed Thursday to end a decades-long stalemate on overhauling the health care system, and he indicated for the first time that he was open to compromise on details of the proposal he put forth in the 2008 campaign. The latest on President Obama, the new administration and other news from Mr. Obama spoke at a White House forum on health care, where he bluntly warned lobbyists and 'special interests' not to stand in the way of efforts to rein in costs and guarantee coverage for all Americans. He said he intended to achieve those goals this year." (The New York Times; free registration required)
The Top 5 Strategies to Enhance the ROI of Worksite Wellness Programs in Economically Challenging Times (PDF)
12 pages. Excerpt: "The tips and strategies outlined in this WELCOA Special Report are offered as a means to assist you in creating a healthier workplace. The tips and strategies included here are by no means a comprehensive list, and are designed to initiate action and ideas to help you, the wellness practitioner, build and sustain a wellness program that makes a difference in the lives of your employees and their families -- and produces a return on investment." (Wellness Council of America)
State Health Care Reform Update
Excerpt: "For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. Because of the potential impact of this ongoing activity on employer-provided health insurance benefits, Spencer's Benefits Reports provides regular updates about state health care reform." (Wolters Kluwer)
Survey Findings: Challenges for Health Care in Uncertain Times, 2009
Excerpt: "This report . . . highlights employer-sponsored health care programs and other benefits including short- and long-term cost trends, strategy, and design features. In addition, it covers employers' practices, views, and perspectives regarding managing health care costs, improving workforce health and productivity, and cost prevention -- allowing us to identify trends, critical business issues, and opportunities as they develop. [Registration is required to access a PDF of the survey findings.]" (Hewitt Associates; registration required to access survey)
New Federal Government Web Site: Health Care for All Americans
Excerpt: "Americans expressed serious concerns regarding health care in a new report released . . . by the Department of Health and Human Services. The report, Americans Speak on Health Reform: Report on Health Care Community Discussions, summarizes comments from the thousands of Americans who hosted and participated in Health Care Community Discussions across the country and highlights the need for immediate action to reform health care. The report is available on a new Web site dedicated to health reform: www.healthreform.gov. Unveiled today, the Web site will allow Americans to view today's White House Health Forum, share their thoughts about health reform with the Obama Administration and sign a statement in support of President Obama's commitment to enacting comprehensive health reform this year." (U.S. Department of Health & Human Services)
Companies Offer 'Telehealth,' or the Delivery of Health Care Through the Telephone, Web or Other Telecommunications Technologies
Excerpt: "In January, American Well Inc. went live with a Web service that allows patients to communicate with doctors via online video, text chat or phone. The doctors can view patient personal health records through Microsoft Corp.'s HealthVault and even prescribe medication over the Web. The service is currently available only in Hawaii through the Hawaii Medical Service Association, the Blue Cross Blue Shield affiliate in Hawaii. HMSA-insured patients pay $10 for a 10-minute visit; uninsured or non-member patients pay $45 for a 10-minute consultation." (The Wall Street Journal)
Equal Employment Opportunity Commission Proposes Rule Implementing Title II of Genetic Information Nondiscrimination Act
Excerpt: "The EEOC is seeking public comment on the proposed rule until May 1, 2009, and will publish a final GINA rule by May 21, 2009. The law's employment provisions take effect Nov. 21, 2009." (Mercer LLC)
Audio: Health Care Costs Bite Big Into Paychecks
Excerpt: "Rising health care costs may be taking a bigger bite out of workers' take home pay than many realize. That's something the White House hopes to correct as it lays the ground work for revamping the health care system." (Morning Edition via National Public Radio)
Key Democrats Oppose Obama's Tax Deduction Limit Plan
Excerpt: "Treasury Secretary Timothy Geithner said tax increases on families making more than $250,000 a year are necessary to make a down payment on health care reform and to limit future budget deficits. But, he said, he was willing to work with lawmakers on proposals they objected to." (AP via The New York Times; free registration required)
[Opinion]
Five Questions for John Holahan on Health Care Reform
Excerpt: "In traditional interview format, our experts talk about the nature of their work and offer insights on what they've learned. Health Policy Center Director John Holahan answers five questions about health care reform." (The Urban Institute)
The Savvy Self-Funding Healthcare Conference & Expo (Sponsor)
(Click on company name or banner to learn more.)
| Employer-Designed Healthcare Conference Offers Unique Perspective & Comfortable Atmosphere |
| June 1-3, 2009 - The Savvy Self-Funding Healthcare Conference and Expo. Started as a community effort in 2005, the goal is to help educate employers and plan sponsors about self-insured plans. Solutions to rising healthcare costs are not always reducing benefits or raising premiums. Conference is a relaxed, comfortable environment. Vendor expo includes both carriers AND brokers. Contact Karrie Andes, SPHR, Conference Chairperson and Human Resources Director for Deffenbaugh Industries, Inc. & Affiliates, at 800-226-5205, karrie@savvyemployerconference.com and visit www.savvyemployerconference.com. |
Links to Items on Executive Comp, Benefits in General
[Guidance Overview]
Further IRS Guidance on Section 409A: Tax Calculation, Reporting, Withholding and Payment (PDF)
6 pages. Excerpt: "Effect of Section 409A Income On Later Distributions. An amount included in income under section 409A for a year is applied to reduce the amount recognized as income related to distributions under the plan in later years until fully applied. If any section 409A income remains unapplied after all possible distributions to the employee, then the employee may report the unapplied amount as a miscellaneous itemized deduction for the year of final distribution or the year in which the payment due becomes uncollectible. The employer may be required to adjust its deductions accordingly." (Bryan Cave LLP)
Say-on-Pay Mandate for TARP Participants Is Effective in 2009, SEC Confirms
Excerpt: "The 2009 proxy statements of companies participating in the Troubled Asset Relief Program must include a 'say on pay' proposal asking shareholders to approve executive compensation programs, the SEC confirmed Feb. 26." (Mercer LLC)
Expats Hearing Call from Their Companies to Come Home
Excerpt: "American firms are speeding up cost-cutting efforts, pulling assignees back early, reducing overall overseas assignments, restructuring compensation packages and using more non-U.S. or in-country managers." (Workforce Management; free registration required)
Newly Posted Events
Documented Confusion: Understanding Restatement Procedures (Archived Web Seminar)
Nationwide on March 5, 2009
presented by SunGard Relius
401(k) Plans
in Oregon on March 31, 2009
presented by EBIA / Thomson Reuters
401(k) Plans
in Georgia on April 14, 2009
presented by EBIA / Thomson Reuters
401(k) Plans
in Massachusetts on April 28, 2009
presented by EBIA / Thomson Reuters
401(k) Plans
in Ohio on May 5, 2009
presented by EBIA / Thomson Reuters
401(k) Plans
in California on May 12, 2009
presented by EBIA / Thomson Reuters
401(k) Plans
in Illinois on May 19, 2009
presented by EBIA / Thomson Reuters
401(k) Plans
in Minnesota on June 2, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in Oregon on April 1, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in Georgia on April 15, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in Massachusetts on April 29, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in Ohio on May 6, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in California on May 13, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in Illinois on May 20, 2009
presented by EBIA / Thomson Reuters
Cafeteria Plans
in Minnesota on June 3, 2009
presented by EBIA / Thomson Reuters
COBRA Changes under the American Recovery and Reinvestment Act Recorded Webcast
Nationwide on March 6, 2009
presented by Nixon Peabody LLP
COBRA Compliance for Group Health Plans
in Oregon on April 3, 2009
presented by EBIA / Thomson Reuters
COBRA Compliance for Group Health Plans
in Georgia on April 17, 2009
presented by EBIA / Thomson Reuters
COBRA Compliance for Group Health Plans
in Massachusetts on May 1, 2009
presented by EBIA / Thomson Reuters
COBRA Compliance for Group Health Plans
in Ohio on May 8, 2009
presented by EBIA / Thomson Reuters
COBRA Compliance for Group Health Plans
in California on May 15, 2009
presented by EBIA / Thomson Reuters
COBRA Compliance for Group Health Plans
in Illinois on May 22, 2009
presented by EBIA / Thomson Reuters
COBRA Compliance for Group Health Plans
in Minnesota on June 5, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in Oregon on April 2, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in Georgia on April 16, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in Massachusetts on April 30, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in Ohio on May 7, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in California on May 14, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in Illinois on May 21, 2009
presented by EBIA / Thomson Reuters
ERISA Compliance for Health & Welfare Plans
in Minnesota on June 4, 2009
presented by EBIA / Thomson Reuters
Form 5500 Update and Plan Audits with Janice M. Wegesin, CPC, EA
in Ohio on April 6, 2009
presented by ASPPA Benefits Council of Cleveland
HIPAA Portability, Privacy & Security
in Oregon on April 3, 2009
presented by EBIA / Thomson Reuters
HIPAA Portability, Privacy & Security
in Georgia on April 17, 2009
presented by EBIA / Thomson Reuters
HIPAA Portability, Privacy & Security
in Massachusetts on May 1, 2009
presented by EBIA / Thomson Reuters
HIPAA Portability, Privacy & Security
in Ohio on May 8, 2009
presented by EBIA / Thomson Reuters
HIPAA Portability, Privacy & Security
in California on May 15, 2009
presented by EBIA / Thomson Reuters
HIPAA Portability, Privacy & Security
in Illinois on May 22, 2009
presented by EBIA / Thomson Reuters
HIPAA Portability, Privacy & Security
in Minnesota on June 5, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in Oregon on April 2, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in Georgia on April 16, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in Massachusetts on April 30, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in Ohio on May 7, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in California on May 14, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in Illinois on May 21, 2009
presented by EBIA / Thomson Reuters
HSAs, HRAs, and Consumer-Driven Health Care
in Minnesota on June 4, 2009
presented by EBIA / Thomson Reuters
Medication Therapy Management: A New Way to Reduce Healthcare Costs
in District of Columbia on March 18, 2009
presented by WEB (Worldwide Employee Benefits Network) Washington Chapter
New CHIP Law Implications for Employer Health Plans Smartcast
Nationwide on March 17, 2009
presented by Davidson Marketing Group -- FutureOffice Network
Washington Update with Brian H. Graff, Esq.,APM
in Ohio on April 22, 2009
presented by ASPPA Benefits Council of Cleveland
Newly Posted Press Releases
CEFEX Certifies Alliance Benefit Group of Houston
Centre for Fiduciary Excellence (CEFEX)
Pennsylvanians Encouraged To Take Another Look At COBRA Options
Commonwealth of Pennsylvania
Newly Posted or Renewed Job Openings
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ESOP Administrator
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Assistant Fund Administrator
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in IL
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