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April 22, 2009 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
BeneCom Associates, LLC (Advert.)
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[Guidance Overview]
Proposed FTC Rule Would Expand Reach of Health Data Breach Regulations
Excerpt: "The American Recovery and Reinvestment Act requires FTC to issue an interim final rule on breach notification requirements for PHR vendors and related entities by August. The act also requires HHS and FTC to publish a study on potential privacy, security and breach notification requirements for PHR vendors and related entities by February 2010 . . . ." (California HealthCare Foundation)
[Guidance Overview]
Reformation Remedy Held Viable Against ERISA Plan
Excerpt: "An Arizona district court refused to dismiss claims for reformation of an insurance policy in Carbajal v. Dorn, 2009 U.S. Dist. LEXIS 32688 (D. Ariz. Apr. 14, 2009). The opinion provides an interesting perspective on viable claims under ERISA outside the context of a simple claim for benefits. The dispute arose over life insurance policies issued by Liberty under the terms of an employee benefit plan operated by the plaintiffs' employer." (Roy Harmon III via Health Plan Law)
EEOC Holding Public Meeting to Address Best Practices to Avoid Discrimination Against Workers with Caregiving Responsibilities
Excerpt: "The Commission is scheduled to hear from invited expert panelists on the importance of caregiver-friendly workplace policies in economic hard times. The panelists are: Cynthia Calvert, Deputy Director, The Center for WorkLife Law; Karen Minatelli, Director of Work and Family Programs, National Partnership for Women and Families; Heather Boushey, Senior Economist, Center for American Progress; Jeff Norris, President, Equal Employment Advisory Council[.]" (Workplace Prof Blog)
With or Without Reform: Focus on Employee Wellness
Excerpt: "employers have not waited for comprehensive health care reform to make decisions about 'wellness' health benefit programs, and whether they offer the most value for their employee populations. Even in a down economy, experts suggest employers think carefully before eliminating benefits designed to support their employees' well-being. . . . 'There is good evidence that well-designed, integrated and well-supported health promotion programs provide a substantial return on investment. A 2008 report by Naydeck et al . . . showed a $1.65 ROI. Investing money in the right health promotion activities actually saves money in the long run.'" (Wolters Kluwer)
Hearing on Health Reform in the 21st Century: Insurance Market Reforms
Held April 22, 2009. Excerpt: "The hearing will focus on strategies to reform the health insurance market to ensure greater accessibility and affordability." (U.S. House of Representatives Committee on Ways & Means)
The Public and the Health Care Delivery System: A Survey
Excerpt: "This survey by NPR and researchers at the Kaiser Family Foundation and the Harvard School of Public Health highlights the public's attitudes and experiences with the American health care delivery system. The new survey sheds light on Americans' experiences with issues more typically discussed by health policy experts - including electronic medical records, coordination of care and comparative effectiveness - all of which have become serious components of reform plans and some of which have been signed into law this year. It also covers public opinion on possible policy changes." (Kaiser Family Foundation)
Health Clinics at Some of Nation's Largest Companies Are Turning Into Full-Fledged Primary-Care Centers
Excerpt: "The business of offering on-site corporate medical clinics as the new hub for healthcare-cost containment is growing as employers challenge the traditional managed-care business model. If corporations were reticent in the past about hiring outside contractors to manage their clinics, such does not seem to be the case any longer." (Human Resource Executive Online)
Setting and Valuing Health Insurance Benefits (PDF)
7 pages. Excerpt: "This report briefly describes some of the key concepts and policy issues around specifying and valuing health insurance benefits. 'Actuarial value' is a summary measure of a health insurance plan's benefit generosity. It is expressed as the percentage of medical expenses estimated to be paid by the insurer for a standard population and set of allowed charges. An actuarial value may also be referred to as a 'benefit rate.' One purpose of an actuarial value is to distill all the benefit and enrollee cost-sharing provisions of a health insurance plan into a single number, for easier comparisons among plans." (U.S. Congressional Research Service)
Health and Wellness Strategies Vary to Target Health and Productivity Improvements
Excerpt: "More employers increasingly are promoting health and wellness, and at a recent Crain's Chicago Business health care forum, Meeting in the Middle: Employee Health and Cost Containment, five major employers discussed their companies' views on employee health and wellness. The stage of development of their workplace health and wellness programs varied among the five employers as reflected in their following stories." (Wolters Kluwer)
Wall Street Journal Examines Blumenthal's Anticipation of 'Huge Challenges' as Head of National Health IT Office
Excerpt: "Former Harvard Medical School professor David Blumenthal, who this week assumes his new role as head of the Office of the National Coordinator for Health Information Technology at HHS, anticipates difficulties in efforts to establish a national electronic health records system, the Wall Street Journal reports. In a recent New England Journal of Medicine article, Blumenthal wrote that he expects to encounter 'huge challenges,' including low adoption rates for the technology, high initial set-up costs, potential technical problems and data privacy concerns among physicians and patients." (Kaiser Family Foundation)
EmployeeBenefitsJobs.com (Advert.)
EmployeeBenefitsJobs.com is where the best employers find the best candidates!
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Links to Items on Executive Comp, Benefits in General
[Official Guidance]IRS Revision of Employer's Tax Guide to Comply With ARRA
Excerpt: "The Internal Revenue Service (IRS) on April 13, 2009, posted to its Web site 'major changes' to 2009 Publication 15 (Circular E) Employer's Tax Guide. The modifications include new tables for withholding and advance earned income credit (EIC) payments to comply with changes made by the American Recovery and Reinvestment Act of 2009 (ARRA) (P.L. 111-5) for wages paid through December 2009 and the treatment of employee business expenses. [The guide is at http://www.irs.gov/pub/irs-pdf/p15.pdf.]" (Hewitt Consulting)
[Guidance Overview]
Office of Labor Management Standards Delays and Withdraws Regulations on LM-2 and LM-3 Forms
Excerpt: "The Department of Labor's Office of Labor Management Standards (OLMS) delays the effective date and proposes to withdraw new rules on LM2/LM3 financial disclosure forms. Comments on the proposed rule must be received on or before May 21, 2009." (International Foundation of Employee Benefit Plans)
[Guidance Overview]
One More Year to Protect Certain Executive Compensation Plans from Tax Penalties (PDF)
2 pages. Excerpt: "Worry has resulted due to Section 409A's potential penalties on nonqualified deferred compensation arrangements that do not satisfy strict election and payment timing rules: current taxation for deferred income, a 20 percent penalty, and interest payments. . . . It's not, however, too late to correct many of the more common compliance mistakes under Section 409A. The first step is to identify any plans or agreements that were signed in one year but will pay compensation in a future year. Section 409A may well apply to any arrangements that fit that description and should be evaluated with that in mind. Such plans could include employment agreements, severance agreements, change in control agreements, expense reimbursement plans, and equity compensation plans in addition to traditional nonqualified plans, such as non-ERISA retirement plans." (Porter Wright Morris & Arthur LLP)
Improving Executive Compensation Disclosure: Why the SEC Rules Don't Fit in a Down Market
Excerpt: "Changes to the executive compensation disclosure rules made during Christopher Cox's tenure as chairman of the Securities and Exchange Commission (SEC) vastly improved disclosures, particularly in the enhanced Compensation Discussion and Analysis (CD&A) section. However, in reviewing the 2008 stock price performance of our clients, we have found the reporting rules require these companies to significantly overstate the value of executive compensation earned. The overstatement will make the inevitable criticism of executive pay practices that arises each proxy season far worse than it should be. In an effort to blunt the critics, companies might shift from shareholder-friendly equity compensation programs to less effective cash-based programs." (Watson Wyatt Worldwide)
A Risk-Sensitized Executive Pay Governance Process (PDF)
6 pages. Excerpt: "This InsightOut is the first of a two-part analysis of Compensation Committees and Corporate Governance and the links between a global view of risk and a workable framework for a risk-sensitized executive pay governance process." (Buck Consultants)
Furloughed: Suddenly Millions of Workers Have Time Off
Excerpt: "Generally, if you are furloughed, whatever health and other benefits you have with your employer stay intact. But unless you are in a union that has a firm contract with the employer, just about anything and everything is fair game." (AARP)
Economic Crisis Brings Job Losses, Delayed Retirement, Benefit Reductions and Stagnant Pay
Excerpt: "[T]he statistics and news reports reflect only part of the picture. Many of those still working are receiving little or no increase in overall benefits and salary. In private industry, overall benefits and salary increased by 2.4 percent in 2008 -- a 20 percent decline from the increase in overall benefits and salary in 2007, and a 40 percent drop from the increase in 2003. Expectations for benefits and pay increases are even less optimistic for 2009. This is the first time in more than 50 years that the labor market has contracted so sharply and total compensation has been almost stagnant." (Watson Wyatt Worldwide)
Benefits Communication Techniques Similar Among Employers
Excerpt: "There was widespread adoption of similar employee benefits communications techniques among employers responding to a recent survey. A United Benefit Advisors, LLC (UBA) news release about its 2009 UBA Employer Benefit Perspectives report, said 91% of responding employers use employee meetings, 85% use nonpersonalized handouts, and 40% use personalized materials." (PLANSPONSOR.com; free registration required)
Webcasts and Conferences
(Click to post your webcast or conference)Form 5500 for Health and Welfare Plans: A Guided Tour for Employers, Form 5500 Preparers, and Advisors
Nationwide on May 21, 2009
presented by EBIA / Thomson Reuters
Employee Benefits Jobs
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ERISA Research Attorney
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in NY
EmployeeBenefitsJobs.com (Sponsor)
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| Where the best employers find the best candidates! |
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