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March 25, 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 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]
District Court Within the Ninth Circuit Holds That Priority Language Overrides the Make-Whole Rule
Excerpt: "A recurring issue for health plan subrogators is what language is sufficient to override the make whole rule. On the one hand, Circuits like the Fifth Circuit have held that no particular language is required to overcome the make whole rule. In the Fifth Circuit (and others like it), plan language simply providing for 100% recovery is sufficient." (Benefit Recovery Inc.)
[Guidance Overview]
Severance Benefits and COBRA: A Follow-Up
Excerpt: "Just to clarify a point from my Sunday blog [http://www.winston.com/index.cfm?contentID=19&itemID=159&itemType=25&postid=181] -- and to be sure that employers don't fall into a trap created by the new law -- it is important to realize that the government subsidizes 65 percent of the actual amount of COBRA premium that the employer requests from an involuntarily terminated participant." (Michael S. Melbinger via Winston & Strawn LLP)
[Guidance Overview]
Eighth Circuit Requires Evaluation of Conflict Factor As a Tiebreaker
Excerpt: "This opinion from the Eighth Circuit shows a noticeably different tone than the previous regime imposed under the pre-Glenn Eighth Circuit case, Woo v. Deluxe Corp., 144 F.3d 1157, 1160 (8th Cir. 1998). The facts presented are not remarkable. One could easily envision the Court simply concluding that the omission of a Glenn conflict evaluation would have made little difference in the outcome. The Court's decision to remand the case for evaluation of the conflict as a 'tiebreaker' factor suggests that the Eighth Circuit may see a broader role for Glenn than has been the case in the Forth Circuit thus far." (Roy Harmon III via Health Plan Law)
[Guidance Overview]
The Medical Certification Process Under the FMLA
Excerpt: "The FMLA permits employers to require an employee to provide a medical certification to support the need for leave due to a serious health condition. This article discusses the current FMLA rules regarding the medical certification process for employees seeking leave due to the employee's own serious health condition or the serious health condition of the employee's spouse, son or daughter, or parent. Certifications for purposes of military family leave are beyond the scope of this article." (Faegre & Benson)
[Guidance Overview]
Guidance on 'Involuntary Termination' for COBRA Premium Subsidy Expected Soon, Treasury Official Predicts
Excerpt: "The Treasury Department and IRS anticipate issuing guidance in the next few weeks on what constitutes 'involuntary termination' for purposes of the new COBRA premium subsidy rules, Kevin Knopf, attorney-advisor, Treasury Office of Benefits Tax Counsel, said on March 12, 2009." (Wolters Kluwer)
[Guidance Overview]
Follow-Up on COBRA Subsidy: What to Do Now?
Excerpt: " In this WorkCite, we will describe: The new COBRA model notices that the Department of Labor (DOL) has recently released; and A to-do list that plan sponsors might consider as they amend their COBRA programs to comply with the emerging new rules." (McGuireWoods LLP)
[Guidance Overview]
New Law Requiring Immediate Changes to COBRA Continuation Coverage (PDF)
3 pages. Excerpt: "The COBRA subsidy can only last for nine months. However, it generally will end earlier if the covered person (1) obtains comparable coverage under another group health plan or Medicare coverage or (2) reaches the end of his or her maximum COBRA continuation coverage period." (Latham & Watkins)
[Guidance Overview]
DOl's Model COBRA Notices; April 18 Deadline Looms, Modifications May Be Advisable
Excerpt: "This GT Alert describes the model notices, as well as some issues presented by these model notices in the context of complying with the notice distribution requirements." (Greenberg Traurig, LLP)
[Guidance Overview]
PBMs Prevail in Controversy over ERISA Preemption of Disclosure Legislation
Excerpt: "The PBM industry won a significant victory in [Pharm. Care Mgmt. Ass'n v. D.C.] which, if sustained on appeal, may serve as a vehicle for Supreme Court review of ERISA's preemptive limits on PBM disclosure legislation." (Health Plan Law)
2009 Edition of 'Covering Health Issues' - A Sourcebook for Journalists
Excerpt: "You will find a dozen very readable chapters on some of the hottest health policy topics -- health reform, health care costs, health care quality, employer-sponsored coverage, individual coverage, children's coverage, Medicare, Medicaid, long-term care, disparities, public health and mental health. Each chapter offers fast facts on the topic, background information, likely policy debates, tips for reporters covering this topic, story ideas for reporters, experts with contact information and helpful websites. You will also find appendices on the congressional budget process, polls on health care issues, and covering health issues for TV and radio." (Alliance for Health Reform)
Some Santa Barbara, California, Employees Get 83 Paid Days Off a Year
Excerpt: "According to [Lanny Ebenstein, president of the Santa Barbara County Taxpayers Association], in addition to being eligible to take 10 paid holidays off each year, city employees are eligible to take four paid days for personal leave, five paid days for bereavement leave and 12 paid days for sick leave. In addition to these 31 days, employees with 11 years of service are eligible to take 23 days of vacation. Employees who have worked for the city for 24 years or more are eligible to take 28 days of vacation. In addition to these possible 59 paid days off, many employees take two Fridays off each month, for a total of 24 paid Fridays off. This translates to 83 paid days off." (joearmendariz.org)
Health Insurers Ease Stance on Pre-Existing Conditions
Excerpt: "The health insurance industry said Tuesday that it was willing to end the practice of charging higher premiums to sick people if Congress adopted a comprehensive plan that provided coverage to all Americans. The industry's flexible position on the issue came as a surprise to lawmakers, and could make it easier to reach an agreement in Congress because it narrows the issues on which insurers are ready to fight the Democrats who control Congress and the White House." (The New York Times; free registration required)
Not All San Francisco Restaurants Back Suit Over Health Care Law
Excerpt: "[S]ome city officials say you either support the city program or you don't - and restaurant owners should be up front with their customers. Supervisor David Campos sent a letter Friday to the restaurant association asking it to drop its suit in light of the contradiction. 'That restaurants make supportive statements about Healthy San Francisco, while simultaneously fighting in court to undermine this very program, raises questions about whether they are dealing with their customers in good faith,' he wrote. Campos also implies in the letter that the varying surcharges raises questions about whether some restaurants are spending all the extra money on health care. Piallat, the owner of Zazie, said her experience of having money left over after charging $1 a customer tells her that restaurants with 4 and 5 percent fees are profiting." (San Francisco Chronicle)
S&P Predicts Future Health Insurer Profitability
Excerpt: "Despite any impact the recession might have on revenue and earnings growth this year, U.S. health insurers are expected to take steps during 2009 to restore their former profitability, analysts at Standard & Poor's Corp. predict in a report issued Tuesday, March 17. New York-based S&P revised its outlook for U.S. health insurers to negative in November 2008 because so many insurers' earnings were falling far below projections due to underestimation of medical cost trends, an unanticipated change in business mix and inadequate pricing of some Medicare Advantage and Part D prescription drug programs, the New York-based ratings agency reported." (Workforce Management; free registration required)
GAO Correspondence: Private Health Insurance: 2008 Survey Results on Number and Market Share of Carriers in the Small Group Health Insurance Market (PDF)
8 pages. Excerpt: "As a follow-up to our 2005 and 2002 reports on the competitiveness of the small group health insurance market, [four U.S. Senators] requested updated information on each state and the District of Columbia. Specifically, this report provides information from states and the District of Columbia (hereafter referred to as a state) on the number of carriers licensed in the small group market, the largest carriers, and their market share." (U.S. Government Accountability Office)
[Opinion]
Senate Hearing: Addressing Insurance Market Reform in National Health Reform
Excerpt from Consumer Watchdog. '[N]o consumer voices were heard at a U.S. Senate Heath, Education, Labor and Pensions committee round table discussion about insurance reforms in the forthcoming national health care reform effort. Three of the seven panel members were from the insurance industry. A fourth] panelist represents an insurer-friendly think tank." (U.S. Senate Committee on Health, Education, Labor and Pensions)
[Opinion]
Federal Health Board Is Hazardous to Your Health
Excerpt: "[Senator] Baucus, former Senator Daschle and others have proposed the creation of a Federal Health Board to govern and ration all medical care in the United States. Such a board, we are told, would be independent from political influence, because its members would be appointed by the President of the United States. It would reduce the cost of medical care and insurance while providing everyone in the United States with all of the medical care they need or want. No new medications approved by the FDA as safe and effective, no new medical devices, no new care facilities or medical and nursing schools will be allowed without the final approval of this board." (Americans for Free Choice in Medicine)
EmployeeBenefitsJobs.com (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]AIG Bills Also Make 409A Amendments
Excerpt: "Lost in last week's excitement over the competing House and Senate Bills to tax AIG bonuses was the fact that the Senate Bill, the so-called 'Compensation Fairness Act of 2009,' also would amend Code Section 409A, by adding a new section (a)(5), which provides that: 'In the case of any Federal emergency economic assistance recipient maintaining a nonqualified deferred compensation plan, the requirements of this paragraph are met if the plan provides that the aggregate amount of compensation which is deferred for any applicable taxable year beginning after December 31, 2008, with respect to a participant under the plan may not exceed $1,000,000.'" (Michael S. Melbinger via Winston & Strawn LLP)
Retention Edges Out Cost Reduction as Benefits Objective
Excerpt: "More employees are depending on company benefits to weather the recession, and employers are keeping an eye on costs even while they see benefits as a retention tool, according to a new survey by MetLife. The study shows that 41 percent of employees polled in November 'consider workplace benefits to be the foundation of their personal safety net as they awaken to current realities about their financial security,' up from 33 percent in August. That number rises to 52 percent for workers in a company that employs 2,500 people or more." (Workforce Management; free registration required)
Webcasts and Conferences
(Click to post your webcast or conference)401(k) Plan Costs Including Recent Update on Supreme Court Rule LaRue v. DeWolff, Boberg & Associates Inc.
Nationwide on April 3, 2009
presented by Lorman Education Services
Changes to Cafeteria Plans: What You Need to Know to Prepare
Nationwide on April 28, 2009
presented by Lorman Education Services
COBRA and HIPAA Compliance Workshop
in New York on May 14, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
COBRA Provisions in the American Recovery and Reinvestment Act Workshop
in Texas on April 3, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
COBRA Provisions in the American Recovery and Reinvestment Act Workshop
in Missouri on April 6, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Internal ERISA Audits: Getting It Right Before the Government Shows Up
Nationwide on May 1, 2009
presented by Lorman Education Services
The New HIPAA Special Enrollment Rules and Related Disclosure Issues
Nationwide on May 5, 2009
presented by Lorman Education Services
Webinar Series: Topical Practice Management Trends
Nationwide on March 27, 2009
presented by AccuDraft, Inc.
Why Is This Guy Still on My Health Plan?
Nationwide on June 2, 2009
presented by Lorman Education Services
Press Releases
(Click to post your press release)NAIRPA to Represent Independent Retirement Plan Investment Advisors
ASPPA (American Society of Pension Professionals & Actuaries)
ASPPA, CIKR, & NAIRPA Support Independent Investment Advice
ASPPA (American Society of Pension Professionals & Actuaries)
Benefit Software Inc. Helps Companies Meet Growing Challenge of Managing COBRA Claims
Benefit Software Inc.
Council Expresses Support for Savings Recovery Act
American Benefits Council
FASCore, LLC, To Provide Retirement Plan Recordkeeping Services To Putnam Investments
Great-West Life & Annuity Insurance Company
Healthcare 311 Reaches Employer-user Milestone, Introduces New Usability Features
Benefits Information Group
Segal Hires New National Retirement Compliance Practice Leader
Segal Advisors
Deffenbaugh Industries to Host Self-Funding Healthcare Conference in Kansas City
Savvy Self-Funding Healthcare Conference & Expo
GASB 45 for the Masses--Welcome to the "Party"
Scenic Valley Associates
DST Retirement Solutions to Support New AARP 401k Offering
DST Retirement Solutions
Employee Benefits Jobs
(Click to post your job opening | View all jobs |
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Plan Administrator
for A Third Party Administrator
in PA
Employee Benefit Auditing Supervisor
for Growing/Established CPA Firm
in IL, KY
Retirement Plan Analyst (Retirement Plan Administration)
for BeneTrends, Inc.
in PA
Actuarial Specialist
for Kravitz, Inc.
in CA
Health and Wellness Benefits Specialist
for Laborers’ Health and Safety Fund of North America
in DC
Account Assistant - Benefits
for Woodruff-Sawyer & Co.
in CA
Plan Consultant Opportunity
for Weaver Partners, Inc.
in ANY STATE
EmployeeBenefitsJobs.com (Sponsor)
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| Where the best employers find the best candidates! |
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