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April 28, 2009 |
| Here are the Web's best new links about compliance and cost aspects of plan operation, design and policy. |
International Foundation of Employee Benefit Plans (Advert.)
What Eileen Maraldo values about her International Foundation membership: "The research capabilities of the Foundation are huge. My executives asked me to research a benefit for which there was a lack of readily available information. So I called the Foundation and made a request to have it researched. Within a few days I had all of the information I could possibly have wanted. I was able to make a presentation to senior management with all the facts. I don’t think I could have gotten it any other way." |
[Official Guidance]
Text of Request by Federal Agencies for Information Regarding Mental Health Parity and Addiction Equity Act of 2008 (PDF)
4 pages. Excerpt: "The Departments are requesting comments . . . with respect to the following specific areas: (i) What policies, procedures, or practices of group health plans and health insurance issuers may be impacted by MHPAEA? What direct or indirect costs would result? What direct or indirect benefits would result? Which stakeholders will be impacted by such benefits and costs? (ii) Are there unique costs and benefits for small entities subject to MHPAEA (that is, employers with greater than 50 employees that maintain plans with fewer than 100 participants)? What special consideration, if any, is needed for these employers or plans? What costs and benefits have issuers and small employers experienced in implementing parity under State insurance laws or otherwise? . . . The Departments [also] are seeking comments to aid in the development of regulations regarding MHPAEA." (U.S. Department of Health and Human Services)
[Guidance Overview]
The Imminent New Mandatory Medicare Secondary Payer Reporting Rules (PDF)
5 pages. Excerpt: "We recommend the following steps for each provider of liability or no-fault insurance, workers' compensation programs or insurance, and each person who self-insures such risks, including TPAs: Become familiar with the MMSEA reporting requirements. Determine whether you are a Responsible Reporting Entity. Design a process to capture required information. Register online with the Medicare Coordination of Benefits Contractor before June 30, 2009. Begin testing." (Drinker Biddle Reath LLP)
[Guidance Overview]
New HIPAA Privacy and Security Requirements in Stimulus Bill (PDF)
4 pages. Excerpt: "The recently enacted American Reinvestment and Recovery Act (ARRA) includes a significant expansion of the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that affects both covered health plans and business associates. In particular, ARRA imposes breach notification requirements, makes business associates directly responsible for complying with HIPAA privacy and security rules, and provides for increased enforcement activity and penalties for noncompliance. Many of the changes will not take effect until next year, but some are effective now." (Buck Consultants)
[Guidance Overview]
Fifth Circuit Case Reflects Continuity on ERISA Reimbursement Claims
Excerpt: "This recent unpublished Fifth Circuit opinion reflects a continuity with the pre-Sereboff case law on the prerequisites for equitable relief under 29 U.S.C. § 1132(a)(3). In Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, 354 F.3d 348 (5th Cir. 2003), the Fifth Circuit established that a constructive trust was 'appropriate equitable relief' properly sought under 29 U.S.C. § 1132(a)(3)." (Roy Harmon III via Health Plan Law)
[Guidance Overview]
COBRA Premium Subsidy Triggers Changes for Small Employers Under State Mini-Cobra Laws
Excerpt: "Federal healthcare continuation coverage requirements (generally referred to as 'COBRA') generally do not apply to group health plans sponsored by employers with fewer than 20 employees. However, The American Recovery and Reinvestment Act of 2009 ('ARRA'), does not limit its premium subsidy provisions to federally mandated COBRA coverage. The ARRA subsidy also applies to State programs that provide comparable continuation coverage (so-called 'Mini-COBRA' laws). In response to ARRA, some states have lengthened the period of coverage, some states have added a second chance to enroll, and other states have proposed legislation to provide for continuation coverage for the first time." (Dinsmore & Shohl LLP)
[Guidance Overview]
Update of IRS Webpage on the Health Coverage Tax Credit for Changes Made by ARRA
Excerpt: "EBIA Comment: These changes to the HCTC (including the new timeframes for extended COBRA benefits) will expire on December 31, 2010. Thus, they are only valid for the remainder of 2009 and 2010. According to the webpage, the IRS intends to provide more detailed information about the changes (including information on other provisions of ARRA that affect the HCTC), which will be posted as it becomes available." (Employee Benefits Institute of America)
[Guidance Overview]
No Penalties for Employer Not Providing COBRA Election Notice for Life Insurance Plan
Excerpt: "EBIA Comment: COBRA applies only to 'group health plans.' Under ERISA, a group health plan must provide 'medical care' within the meaning of Code Section 213(d). (Under the Code and PHSA, a group health plan must provide 'health care,' and the IRS has clarified that 'health care' has the same meaning as 'medical care' under Code Section 213(d).) The controlling term 'medical care' includes the diagnosis, cure, mitigation, treatment, or prevention of disease and any other undertaking affecting any structure or function of the body. COBRA does not apply to most life insurance plans because they do not provide medical care. But each life insurance plan must be examined carefully to determine whether any ancillary benefits for medical care are present." (Employee Benefits Institute of America)
UAW Leaders Recommend Approval of Chrysler Deal
Excerpt: "The United Auto Workers union will own 55 percent of a restructured Chrysler LLC and its retiree health care trust will get a seat on the board if union members vote to approve contract concessions this week. Chrysler stock could even be traded publicly again, as there are mechanisms for the UAW to sell shares to fund the health care trust." (AP via The New York Times; free registration required)
Chrysler, UAW Strike Deal That Includes Using Stock for Half of Automaker's Obligation to VEBA
Excerpt: "Chrysler on Sunday announced that it has reached an agreement with United Auto Workers that will allow the automaker to pay about half of its obligation to a retiree health insurance fund in the form of company stock, the Washington Post reports. Neither Chrysler nor UAW released details of the agreement, which is subject to ratification by the union's members (Whoriskey, Washington Post, 4/27)." (Kaiser Family Foundation)
Tentative Pacts with U.S., Canadian Workers Are a Major Hurdle in Chrysler's Bid to Avert Bankrup.tcy
Excerpt: "Chrysler cleared a major hurdle in its bid to stave off bankrup.tcy by reaching key labor deals Sunday with its unions in the U.S. and Can.ada. A tentative pact with the United Auto Workers -- details were undisclosed -- came just hours after membership of the Canadian Auto Workers union ratified a deal late Sunday that could save Chrysler close to $200 million a year. . . . Sunday's UAW agreement 'provides the framework needed to ensure manufacturing competitiveness and helps to meet the guidelines set forth by the U.S. Treasury Department,' said Al Iacobelli, the chief bargainer for Chrysler. 'As a result, Chrysler LLC can continue to pursue a partnership with Fiat.'" (Los Angeles Times)
For Some, Obesity Becoming a Civil Rights Issue
Excerpt: "The National Association for the Advancement of Fat Acceptance, a civil rights group formed in 1969, has found new life as fat-acceptance advocates gain force online. There are now more than 50 fat-acceptance blogs and more than a dozen books promoting the idea, from Linda Bacon's 'Health at Every Size' to Wendy Shanker's 'The Fat Girl's Guide to Life.' There are even romance novels featuring plus-sized characters with names like 'Dangerous Curves Ahead.'" (FOX News Network, LLC)
Training the Brain To Make Wise Choices
Excerpt: "The human brain is wired with biases that often keep people from acting in their best interest. Now, some employers and insurers are testing ways to harness such psychological pitfalls to get people to make healthier choices. Many companies have long paid employees to stop smoking or lose weight, but with limited success. So some companies are rewriting the rules for doling out financial incentives." (The Wall Street Journal)
Current and Former Tennessee State Employees Have Until End of Year to Quit Smoking, or Pay the Consequences
Excerpt: "The consequences, in this case, will be a $600 smoking surcharge that goes into effect on New Year's Day 2010 for everyone in the state employee health system who smokes, or has a smoker for a spouse. The hope is that the extra $50-a- month surcharge will provide the extra push smokers need to quit - and save Tennessee an estimated $3,400 a year in lost productivity and smoking-related health claims per worker." (WBIR.com)
HSA Basics: A Tri-Fold Brochure for Use in 2009 (PDF)
Can be reproduced, distributed and displayed freely. (U.S. Department of the Treasury)
Oregon Senate Passes Bill That Extends Federal Health Insurance Subsidy for Small Business Workers Recently Laid Off
Excerpt: "The Oregon Senate on Wednesday passed a bill that would extend federal COBRA subsidies to former employees of small businesses, the AP/USA Today reports. The coverage is part of the federal American Recovery and Reinvestment Act, which provides coverage of 65% of workers' COBRA premiums for nine months. The state bill allows former small-business workers to qualify for the same benefits . . . ." (Kaiser Family Foundation)
The Dubious History, Promise of Digital Medicine
Excerpt: "In Washington, where partisan bickering over how to revive the economy flares on several fronts, sweet consensus reigns on health-tech spending. Congressional Republicans sound just as enthusiastic as the White House. Encouraged by former House Speaker Newt Gingrich, now an influential industry consultant, lawmakers cheer electronic records as a business-based remedy for much that ails medical care. That rare agreement, however, is obscuring the checkered history of computerized medical files and drowning out legitimate questions about their effectiveness. [Some] industry leaders are pushing expensive systems with serious shortcomings, some doctors say. The high cost and questionable quality of products currently on the market are important reasons why barely 1 in 50 hospitals has a comprehensive electronic records system, according to a study published in March in the New England Journal of Medicine. Only 17% of physicians use any type of electronic records. Hospitals and medical practices that plugged in early have experienced pricey setbacks and serious computer errors." (BusinessWeek)
Democrats Reach Tentative Agreement on Using Reconciliation Process To Fast-Track Obama's Health Care Proposal
Excerpt: "According to Senate Budget Committee Chair Kent Conrad (D-N.D.), the resolution would instruct congressional committees with authority over health care to produce a reconciliation bill by Oct. 15 . . . ." (KaiserNetwork.org)
[Opinion]
To Follow Health Reform: Three Committees, a Subcommittee, and a Process
Excerpt: "If you don't have a lot of time but remain interested in health reform, here is one shortcut to knowing how health reform is proceeding: just pay attention to three Congressional Committees, one subcommittee, and a Congressional process known as reconciliation. You'll save a lot of time and be able to concentrate on the actual process of health reform." (Wolters Kluwer)
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
[Guidance Overview]Principles That Should Guide Employer's Actions When Making Job-Related Decisions Regarding Pregnant Employees
Excerpt: "Employers should be familiar with the Pregnancy Discrimination Act within Title VII of the Civil Rights Act of 1964. The PDA provides that women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes. An employer cannot change the terms of an employee's position because she is pregnant. An employer must base all decisions on the employee's objective ability to perform the job, not speculation that an employee may want to leave work, spend more time with children or be absent from work." (The Portland Press Herald/Maine Sunday Telegram)
[Guidance Overview]
Several States Expand Marriage Rights for Same-Sex Couples
Excerpt: "EBIA Comment: While we generally do not cover state-law developments, we thought it would be helpful to note the apparent state-law trend toward expansion of same-sex marriage rights and remind employers and plan administrators of some basic concepts that apply when benefits are provided to domestic partners, same-sex spouses, and individuals in similar relationships (e.g., civil unions). Most employer-sponsored benefit plans are not directly bound by state law (due to the operation of ERISA's preemption clause). And the federal Defense of Marriage Act (DOMA) (defining marriage as a union between a man and a woman) continues to control for federal law purposes (including federal taxation of benefits), even when state law has made same-sex marriage legal." (Employee Benefits Institute of America)
Employers Underestimate How Much Employees Value Benefits
Excerpt: "Employee and employer perceptions of how benefits contribute to loyalty differ significantly, according to the 7th annual Study of Employee Benefits Trends conducted by MetLife." (Wolters Kluwer)
How Does the Red Flags Rule Impact Employee Benefit Plans?
Excerpt: "Regardless of what the FTC has to say about this, many practitioners would argue that plan fiduciaries generally have duties to protect participant information under ERISA's fiduciary rules. Thus, the FTC's rules might serve as a starting place for fiduciaries to assist in building some process and procedures into their current systems to protect plan participants and beneficiaries against identity theft." (Attorney B. Janell Grenier via Benefitsblog.com)
Webcasts and Conferences
(Click to post your webcast or conference)COBRA and HIPAA Compliance Workshop
in New York on May 4, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
COBRA and HIPAA Compliance Workshop
in New York on May 28, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
COBRA Compliance Update: May 2009
Nationwide on May 20, 2009
presented by MCOL
Top 5 Myths and Misconceptions about SPDs Webcast
Nationwide on May 14, 2009
presented by International Foundation of Employee Benefit Plans
Press Releases
(Click to post your press release)Profit Sharing/401k Council of America Makes Staff Changes
Profit Sharing/401(k) Council of America (PSCA)
PBGC, Daimler Agree on $600 Million Cash Infusion into Chrysler Pensions
Pension Benefit Guaranty Corporation (PBGC)
Schwab Makes Strategic Enhancements to Target Funds
Charles Schwab & Co., Inc.
Former Huntington Business Owner Pleads Guilty To Stealing From Employee Benefit Plans
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
U.S. Labor Department Seeks Public Comments On Mental Health And Addiction Law
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
ERIC Urges Comprehensive Rewrite of Miller Fee Disclosure Bill
ERIC (ERISA Industry Committee)
The SPARK Institute Supports 401(k) Fee Transparency but Remains Concerned About Proposed Legislation
SPARK Institute
Ascensus Expands Trade Platform
Ascensus
Employee Benefits Jobs
(Click to post your job opening | View all jobs |
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Pension Benefit Advisor
for Guardian Life Insurance Company
in TX
Associate Attorney - ERISA Litigation and Collection of Fringe Benefit Contributions
for Blitman & King LLP
in NY
Defined Contribution Administrator
for Growing TPA Firm
in OK
EmployeeBenefitsJobs.com (Sponsor)
(Click on banner to learn more.)
| Where the best employers find the best candidates! |
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