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March 24, 2009


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

SunGard (Advert.)

SunGard’s Relius 125 (clickable image)

SunGard’s Relius 125

With SunGard’s Relius 125, you can administer FSA (Dependent Care and Health), HSA (Health Savings Accounts), HRA (Health Reimbursement Arrangements), §132 Plans (Transit and Parking), and Premium Conversion Benefits. Relius 125 is a flexible benefit administration system that streamlines daily processing and supports several comprehensive reimbursement options. For more information about SunGard's Relius 125 or to schedule a demonstration, call 800-326-7235, ext. 1100 or click here.


[Guidance Overview]
Impact of the American Recovery & Reinvestment Act of 2009 on HIPAA Privacy & Security (PDF)

9 pages. Excerpt: "The Act includes a significant portion on Healthcare IT -- including updates to the HIPAA Privacy & Security regulations. There are several new provisions, such as: New Enforcement Rules - Audits will be proactively performed, State Attorney Generals can prosecute criminal violations and fines have been raised. Business Associates & Covered Entities - Now business associates have as much responsibility (and liability) to protect PHI as Covered Entities. Increased Liability - Individuals can be held accountable in addition to organizations. New Disclosure Rules - If a breach occurs, you will be required to alert not only those impacted, but if it's a large breach also notify certain authorities and post announcements in newspapers." (BridgeFront)


[Guidance Overview]
DOL's COBRA Subsidy Model Notices

Excerpt: "Employers and plans may use these models in connection with notice requirements under the new COBRA subsidy program. The DOL created different packages of model documents to cover the different situations where notices are required under the new law. While the different scenarios may seem confusing, essentially a group health plan (whether public or private, insured or self-insured) that is covered by the federal COBRA law, has two categories of notices that it must provide . . . ." (The Segal Group, Inc.)


[Guidance Overview]
COBRA Update (PDF)

Excerpt: "Organization of this Article: (1) A quick Overview of the law. (2) The new Department of Labor ('DOL') model COBRA notices and forms, and deadlines to distribute them or customized versions. (3) 'Second chance' COBRA enrollment rights.(4) 65% COBRA subsidies and the 15 day appeal procedure. (5) Procedure for employers to recover the 65% subsidy which they are required to advance. (6) Other matters: 'trade down,' transition billing procedures, standalone dental and vision plans, and Section 125 flex-accounts. (7) Knotty issues: mini-COBRA statutes, paid severance, the definition of 'involuntary termination,' and family units where some members are not federal COBRA beneficiaries." (theworkplace.biz)


[Guidance Overview]
CMS Updates Mandatory Insurer Reporting Requirements and User Guide

Excerpt: "The Centers for Medicare & Medicaid Services (CMS) has revised its guidance on new data-reporting obligations for group health plans (GHPs) and their insurers and third party administrators (TPAs) that were effective January 1, 2009. . . . The rules will require insurers, third party administrators (TPAs) and a plan administrator or fiduciary of a self-insured/self-administered group health plan to collect data for certain classes of participants and beneficiaries -- including Social Security Numbers (SSNs) or Medicare Health Insurance Claim Numbers (HICNs) -- and electronically file the information with Medicare in accordance with detailed rules established by CMS." (The Segal Group, Inc.)


[Guidance Overview]
The COBRA Premium Subsidy and Action Items for Employers

Excerpt: "Because the federal stimulus bill offers a subsidy of COBRA benefits, employers should expect increased selection of the coverage. The changes will increase employer costs and require new processes to be developed to comply with the enhanced benefit. The deadline is fast approaching. " (Human Resource Executive Online)


[Guidance Overview]
New HIPAA Special Enrollment Rights Effective April 1, 2009

Excerpt: "The deadline to request special enrollment for these new events is longer than the deadline most group health plans permit for other special enrollment events. For existing special enrollment events (i.e., marriage, birth, adoption, placement for adoption and loss of other specified coverage) the special enrollee has at least 30 days after the event to request special enrollment. For the new special enrollment events, special enrollees must request enrollment not later than 60 days after the loss of Medicaid or CHIP coverage or not later than 60 days of the determination of eligibility for Medicaid or CHIP premium assistance." (Dorsey & Whitney LLP)


[Guidance Overview]
The Model COBRA Subsidy Notice Issued by DOL (PDF)

Excerpt: "It is an employer's responsibility to send the appropriate notice to all persons who had a qualifying event for any reason on or after September 1, 2008. Accordingly, employers and plan administrators will need to act quickly to customize the notices and issue them by the upcoming deadlines." (Dechert LLP)


[Guidance Overview]
Department of Labor's Model Notices on New COBRA Subsidy (PDF)

4 pages. Excerpt: "On its web page, the Department of Labor provides three different notices applicable to Federal COBRA coverage. Commentators have noted inconsistencies between the general instructions, the headers on the notices and the provisions of ARRA which has resulted in some confusion as to whom each notice must be distributed. The Department of Labor has informally indicated to Bryan Cave that the notices are intended to be used as follows . . . ." (Bryan Cave LLP)


[Guidance Overview]
Employer Must Provide Claims Administrator's Internal Guidelines Relied on in Denying Participant's Claim

Excerpt: "EBIA Comment: This case drives home the point that if an employer hires a TPA to administer claims but remains the 'plan administrator' for ERISA purposes, then the employer should ensure that its contract with the TPA grants the employer access to all documents subject to disclosure under ERISA. Addressing this issue in the TPA's contract would be prudent." (Employee Benefits Institute of America)


6M More Uninsured Than in Mid-'90s, Report Says, Yet They Pay Bill to Cover the Poor, Elderly
Excerpt: "American workers -- whose taxes pay for massive government health programs -- are getting squeezed like no other group by the nation's health insurance woes. While just about all retirees are covered, and nearly 90 percent of children have health insurance, workers now are at significantly higher risk of being uninsured than in the 1990s, the last time lawmakers attempted a health care overhaul, according to a study . . . . The study for the Robert Wood Johnson Foundation found that nearly 1 in 5 workers is uninsured, a statistically significant increase from fewer than 1 in 7 during the mid-1990s." (AP via The Detroit News)


10 Surprising Facts about American Health Care
Excerpt: "Medical care in the United States is derided as miserable compared to health care systems in the rest of the developed world. Economists, government officials, insurers and academics alike are beating the drum for a far larger government role in health care. Much of the public assumes their arguments are sound because the calls for change are so ubiquitous and the topic so complex. However, before turning to government as the solution, some unheralded facts about America's health care system should be considered." (National Center for Policy Analysis)


State Policies to Encourage High-Deductible and Limited-Benefit Health Plans: Costs, Constituents, and Concerns (PDF)
14 pages. Excerpt: "This policy brief describes different types of limited-benefit plans and state policies designed to promote their development and sale. It reviews the cost and enrollment experience of states-supported limited-benefit plans, as well as evidence about their potential to cover the large and growing number of Americans who are uninsured." (Mathematica Policy Research, Inc.)


Consumer-Directed Plans, FSAs Attract Well-Paid, Well Educated Employees, According to Study
Excerpt: "These were among the conclusions of the National Center for Health Statistics (NCHS) Data Brief #15, Consumer-Directed Health Care for Persons Under 65 Years of Age with Private Health Insurance: United States, 2007, released this month. Of privately insured persons younger than age 65, 17.3% were enrolled in HDHPs, 4.5% were enrolled in CDHPs, and 14.8% were in families with an FSA." (Wolters Kluwer)


Learning from California's Attempted Health Reforms
Three articles on the issue. (Health Affairs)


With Pretzel Logic, Restaurant Owners Attack San Francisco Health Care Law
Excerpt: "Talk about twisted logic. A group of San Francisco restaurant owners wants the U.S. Supreme Court to block the city's pioneering health care program because it somehow threatens national health care reform. On top of that, the Golden Gate Restaurant Association cites the recently passed American Recovery and Reinvestment Act to back up its claims." (AFL-CIO)


[Opinion]
Taxing Health Benefits Comes with Costs (PDF)

2 pages. Excerpt: "Drawing on new research, EPI director of health policy research Elise Gould cautions that fundamental health reform must come before proposals to tax health insurance benefits." (Economic Policy Institute)



EmployeeBenefitsJobs.com (Advert.)

EmployeeBenefitsJobs.com is where the best employers find the  best candidates! (clickable image)

EmployeeBenefitsJobs.com is where the best employers find the best candidates!

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Links to Items on Executive Comp, Benefits in General

[Guidance Overview]
Wachovia Securities to Pay $1M to Former Adviser in USERRA Case

Excerpt: "The U.S. District Court for the District of Connecticut has ordered Wachovia Securities to reinstate a former adviser and pay him back pay and damages for violating the Uniform Services Employment and Reemployment Rights Act (USERRA). The court ruled that Wachovia Securities constructively discharged reservist Michael Serricchio when it offered him a much less compensated position upon his return from active duty. The court rejected Wachovia's argument that Serricchio failed to fulfill his obligation to minimize his wage loss by not accepting the inferior offer or by not seeking other employment as a financial adviser." (PLANSPONSOR.com; free registration required)


[Guidance Overview]
Specified Employee Status Under Code Section 409A

Excerpt: "This article examines the six-month delayed payment rule for 'specified employees' under Section 409A. It is extremely important that specified employees be properly identified, and this article -- together with the attached Specified Employees Checklist -- provides practical guidance to help you comply with this rule." (Faegre & Benson)


[Guidance Overview]
Separation Pay Options Under Code Section 409A

Excerpt: "This article examines methods for providing separation pay consistent with Section 409A, including use of the short-term deferral and safe harbor exceptions, 'stacking,' and integrating a release of claims. The attached chart provides analysis and options under various sets of circumstances related to separation pay under Section 409A." (Faegre & Benson)



Webcasts and Conferences

(Click to post your webcast or conference)

Benefit Plans in Mergers & Acquisitions
in California on April 21, 2009
presented by Western Pension & Benefits Conference, San Diego Chapter

Cash Balance Pension Plans: It’s Time To Consider Retirement Plan Alternatives
in Illinois on May 20, 2009
presented by Lockstone Advisors / Crane Solutions / Comprehensive Benefit Consultants

Employee Benefits Conference
in Illinois on May 27, 2009
presented by Illinois CPA Society

Form 5500 Update and Plan Audits with Janice Wegesin, CPC, EA
in Ohio on April 6, 2009
presented by ASPPA Benefits Council of Cleveland

The New Healthcare Reform Package
in Colorado on April 14, 2009
presented by Western Pension and Benefits Conference-Denver Chapter


Press Releases

(Click to post your press release)

Employees Would Like to Purchase Non-Traditional, Voluntary Benefits at Work
PurchasingPower

U.S. Labor Department Extends Effective Date of Rules on Investment Advice
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Council Applauds Initiatives to Improve Health Care Quality
American Benefits Council

California Public Pension Funds Seek to Lead Bank of America Class Actions
CalPERS (California Public Employees' Retirement System)

Milliman Study: Five Years of Corporate Pension Gains Wiped Out in 2008
Milliman USA

ADP Announces New Retirement Services Offering
ADP

Pension Risk Matters Celebrates Its Third Birthday With Continued Readership Growth
PensionRiskMatters.com

Hartford Expands Target Retirement Funds Lineup
The Hartford

Thousands of Employers Cancel Employee Health Plans Prompting 15 Year High in Private Insurance Enrollments -- Reports BestHealthcareRates.com
BestHealthcareRates.com


Employee Benefits Jobs

(Click to post your job opening | View all jobs | RSS feed for jobs RSS feed of all jobs )

Primary Administrator for Qualified Retirement Plans
for Kidder Benefits Consultants, Inc.
in IA

Pension Administrator
for Growing TPA in Los Angeles
in CA

FSA/HRA Administrator
for REDW The Rogoff Firm
in NM

Receptionist / Pension Administrator
for G.M. Pensions, Inc.
in CA

Trust Officer
for New York Life Retirement Plan Services
in NJ

Relationship Manager
for New York Life Retirement Plan Services
in MA



EmployeeBenefitsJobs.com (Sponsor)

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Where the best employers find the best candidates!

Where the best employers find the best candidates!


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