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May 1, 2009 |
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[Official Guidance]
DOL, HHS Request Nominations for Members of New Children's Health Insurance Program Working Group (PDF)
2 pages. Excerpt: "[T]he Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA) . . . directs the Secretary of Health and Human Services and the Secretary of Labor to jointly establish a Medicaid, CHIP, and Employer-Sponsored Coverage Coordination Working Group ('the CHIP Working Group'). . . . The purpose of the Working Group shall be to: [d]evelop a model coverage coordination disclosure form for plan administrators of group health plans to complete for purposes of permitting a State to determine the availability and cost-effectiveness of coverage available under group health plans to employees who have family members who are eligible for premium assistance offered under a State plan under titles XIX or XXI of the Social Security Act (the Act) and to allow for coordination of coverage for enrollees of such plans." (U.S. Department of Labor, U.S. Department of Health & Human Services)
[Guidance Overview]
Impact of Swine Flu in the Workplace (PDF)
2 pages. Excerpt: "Now that the World Health Organization has raised the swine flu (also called the 2009 H1N1 flu) pandemic alert to a Level 5 (out of 6), employers may need to take precautions to safeguard their workers' health and to avoid possible liability issues. In addition to recommending that employees comply with good hygiene practices, stay home when sick, and report any communicable diseases, such as swine flu, employers also need to consider their legal obligations under various employment laws that could be implicated by a flu outbreak." (Winston & Strawn LLP)
[Guidance Overview]
Workplace Challenges of Swine Flu (PDF)
4 pages. Excerpt: "The reality of swine flu has now reached the American workplace, and employers are struggling to implement responses that protect their healthy employees, guard the privacy of stricken employees, and comply with applicable national, state, and common law requirements. Because appropriate employer responses require knowledge of several different areas of employment law such as employment, OSHA, employee benefits, and insurance law, it is essential that employers do not permit overexcited media coverage to push them into taking actions that may be illegal and frightening to employees." (Morgan, Lewis & Bockius LLP)
[Guidance Overview]
Swine Flu Pandemic Preparation for Employers: Legal Issues to Consider
Excerpt: "As an overriding principle, workplace safety law requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm. Contingency plans to protect employees during an illness outbreak can, however, trigger benefit and employment law issues. . . . Employers must be concerned, for example, about how they will detect swine flu symptoms among employees and communicate information to affected employees and others without violating applicable privacy laws. In general, HIPAA privacy rules will not govern such uses and disclosures of health information related to the swine flu, unless employers obtain such health information from their health plans. Further, HIPAA may permit uses or disclosures of protected health information that are necessary for public health reasons -- that is, to prevent or control the spread of swine flu. Employers should also check state medical privacy rules regarding such issues." (Faegre & Benson)
[Guidance Overview]
Employers Preparing for the H1N1 Virus: Benefits Preparedness
Excerpt: "In the benefits arena, employers whose employees and family members are impacted by the malicious bug would need to gear up for the fact that benefit plans such as employer-provided health plans and flexible spending accounts will likely get a work-out. Short-term disability programs which are often self-funded by the employer would get significant use as well in addition to paid-time off policies and employee assistance plans. Since most or all of these programs may be considered to be ERISA-covered plans and have either named or functional ERISA fiduciaries who are responsible for overseeing these plans, such individuals should, with the assistance of legal counsel, seriously consider taking steps now to determine whether their providers are prepared for a pandemic." (Attorney B. Janell Grenier via Benefitsblog.com)
[Guidance Overview]
Towers Perrin U.S. Legislative Tracking Charts -- Health and Welfare -- Updated April 29, 2009 (PDF)
12 pages. Excerpt: "These charts summarize selected federal legislation that would affect employee benefit programs. The bills included on the charts are based on judgments regarding the prominence of the issue, the likelihood of enactment, and the influence of the sponsors." (Towers Perrin)
[Guidance Overview]
Final Updates to HIPAA EDI Rules
Excerpt: "Implications for Plan Sponsors: Although there is still plenty of time to achieve compliance, plan sponsors may want to begin discussions with system vendors and third-party administrators to ascertain their plans for complying with these new requirements on behalf of their group health plan clients. Plan sponsors that are self-insured and self-administered will need to ensure that they are compliant, while those that are insured or rely on an administrator should monitor their service provider's compliance efforts." (The Segal Group, Inc.)
[Guidance Overview]
Required Notifications of Breaches of Unsecured PHI Under HIPAA (PDF)
4 pages. Excerpt: "Group health plan administrators and designated HIPAA Privacy and Security Officers should consult with their information technology professionals to determine if their electronic systems on which PHI is stored, used, or destroyed or over which PHI is transmitted comply with the standards set forth in the guidance. They should also review their disposal policies for destroyed hard copies of PHI to ensure the procedures comply with the standards." (Bryan Cave LLP)
[Guidance Overview]
New HIPAA Breach Notification Requirements' Guidance
Excerpt: "A notice of a breach of Unsecured PHI generally is required to include, among other things, (1) a description of the breach, (2) steps that affected individuals should take to protect themselves from potential harm that could arise out of the breach, (3) a summary of what the applicable covered entity is doing to investigate the breach, to mitigate potential losses, and to prevent additional breaches from occurring, and (4) steps that can be taken to obtain additional information." (Bond, Schoeneck & King, PLLC)
[Guidance Overview]
IRS Confirms No Information-Reporting Requirement for COBRA Subsidy
Excerpt: "Employers will not need to report temporary COBRA premium assistance to eligible individuals on an information return or Form W-2, an IRS spokesperson told CCH on April 24. Recent news reports had indicated that the Service would not require information reporting. The IRS intends to update frequently asked questions (FAQs) on its website to reflect this treatment, the spokesperson added." (Wolters Kluwer)
U.S. Human Cases of H1N1 Flu Infection
Excerpt: "CDC continues to issue and update interim guidance daily in response to the rapidly evolving situation. Early this morning, CDC provided interim guidance on school closures. Supplies from CDC's Division of the Strategic National Stockpile (SNS) are being sent to all 50 states and U.S. territories to help them respond to the outbreak. In addition, the Federal Government and manufacturers have begun the process of developing a vaccine against this new virus." (Centers for Disease Control and Prevention)
U.S. Congress Approves FY 2010 Budget with Health Care Reform Provisions
Excerpt: "The U.S. House and Senate have approved the FY 2010 budget resolution conference report (S.Con.Res.13). The report was approved April 29, 2009, by a vote of 53 to 43 in the Senate and 233 to 193 in the House. The budget contains a reserve fund for health care reform, and retains the reconciliation procedural tool that would not allow a Republican filibuster of legislation." (International Foundation of Employee Benefit Plans)
A Way to Reduce Healthcare Costs While Improving Care: Value-Based Insurance Design
Excerpt: "'You can save a pretty substantial amount of money by charging people less or nothing for certain services because you get such a bump in compliance,' says Sander Domaszewicz, a principal at New York-based HR consultancy Mercer. 'You get multiples of your money back.' [The University of Michigan's] program is what has come to be known as evidence-based or value-based insurance design. The fundamental premise of VBID is that, for different people, different services have different values. A foot exam has a higher value for a diabetic than a nondiabetic, due to the increased incidence of nerve damage in diabetics' feet." (Human Resource Executive Online)
Employees Taking Antidepressants and Other Psychiatric Drugs Often Don't Receive Help They Need
Excerpt: "Antidepressants were prescribed by a specialist just 36 percent of the time, while the remaining 64 percent were prescribed by primary-care offices, hospitals, outpatient programs or surgical offices, according to an August 2006 study by the Centers for Disease Control and Prevention in Atlanta, the most recent data available. What's particularly alarming is that most general practitioners are not qualified to properly diagnose and treat behavioral-health issues, argues John Kamilis, director of clinical services at Skokie, Ill.-based Curalinc Healthcare. The result is that patients often suffer from inadequate treatment, including being prescribed the wrong drugs and not being referred for counseling, he says." (Human Resource Executive Online)
Company Wellness Programs Move More Toward 'Sticks' Rather Than 'Carrots'
Excerpt: "As employers with wellness programs plan for 2010, 'they are being much more aggressive' about their expectations, says Jay Savan, a . . . Principal at consultant Towers Perrin. 'It is much less of a value-added approach, and more expressly around identifying health risks and addressing them.' Prior to the economic meltdown, he says, 'Many employers felt that they were not necessarily in a position to mandate that kind of approach.' A lot of the discussions Savan currently has with clients explore the idea of requiring or strongly encouraging participation in programs like biometric screening. 'An employer might say, 'I am going to offer you two medical plans. One is much higher in value than the other -- however, to participate in that plan, we require you to complete a health-risk assessment, and if the risk assessment determines that you are eligible for case management or should be in a wellness program, you have to participate,' he says." (PLANSPONSOR.com; free registration required)
Golden Gate Restaurant Association Rejects San Francisco's Offer To Drop Lawsuit
Excerpt: "The Golden Gate Restaurant Association has refused to drop its lawsuit against the city of San Francisco involving the city's Healthy San Francisco program, the San Francisco Chronicle reports . . . . In the lawsuit, GGRA claims that the program violates the federal Employee Retirement Income Security Act, which pre-empts certain state and local government requirements regarding employer-sponsored benefits. . . . San Francisco Public Health Chief Mitch Katz last week offered to freeze the employer contribution rates to the program if GGRA would drop the lawsuit. However, GGRA Director Kevin Westlye said that the board rejected the offer in part because Katz could not guarantee how long the freeze would be in effect. Katz said he was open to discussing a permanent freeze . . . ." (Kaiser Family Foundation)
[Opinion]
American Benefits Council Comments on Proposed Rule Implementing Title II of Genetic Information Nondiscrimination Act (PDF)
8 pages. Excerpt: "The comments . . . focus on two aspects of the proposed rules for Title II: the Commission's request for specific comments regarding how the term 'voluntary' should be defined for purposes of the American with Disabilities Act's (ADA's) application to wellness programs; and the 'firewall' rule of construction between Titles I and II as set out in section 209(a)(2)(B) and (c) of GINA." (American Benefits Council)
ALM (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Towers Perrin U.S. Legislative Tracking Charts -- Human Resources -- Updated April 29, 2009 (PDF)
5 pages. Excerpt: "These charts summarize selected federal legislation that would affect employee benefit programs. The bills included on the charts are based on judgments regarding the prominence of the issue, the likelihood of enactment, and the influence of the sponsors." (Towers Perrin)
SEC Considering Change to CEO Pay Disclosure Rules
Excerpt: "The Securities and Exchange Commission is considering changing a formula that critics say often allows public companies to low-ball in regulatory filings just how much top executives are paid. At issue is how companies report in a summary compensation table found in their annual proxy statements the totals for stock options and stock awards, which often make up most of top executives' pay. When the rules were last revised three years ago, the SEC directed companies to include a figure that is based only on how much of a charge against earnings is taken each year for the portion of those awards that vested during the year." (The Washington Post; free registration required)
2009 Proxy Statements Highlight the New Realities in Executive Compensation
Excerpt: "A detailed Towers Perrin examination of proxies filed by large corporations indicates that executive compensation has not been immune from the shocks to company performance brought on by the financial crisis and the recession. . . . More specifically, we found: The trend of year-to-year increases in executive compensation has reversed, in large measure because of a reduction in annual bonuses paid for 2008 performance. Companies are generally holding the line on executives' salaries. Freezes in salary are widespread. The value of recent equity grants has declined at many companies." (Towers Perrin)
Hourly Employees Spared Painful Benefits Cuts in Chrysler Bankrup.tcy
Excerpt: "Union employees will still receive company-sponsored health care. CEO Bob Nardelli says 'all qualified employee' pension and 401(k) funds would be protected from Chrysler's creditors." (Workforce Management; free registration required)
Consumer Expenditures in 2007 (PDF)
20 pages. Excerpt: "Consumer units (CUs) spent $49,638, on average, in 2007, a 2.6-percent increase over the previous year. This was a more moderate increase than the 4.3-percent growth in spending in 2006 and the 6.9-percent increase in 2005. The increase in consumer expenditures in 2007 was close to the 2.8-percent increase in the Consumer Price Index for All Items (CPI-U) in 2007. This report shows the latest results from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey (CE)." (U.S. Bureau of Labor Statistics)
Employee Ownership Update for April 30, 2009
NCEO Executive Director Corey Rosen discusses the use of company stock at Chrysler and GM; what stories people tell about your company; challenges for employee stock purchase plans (ESPPs) in a down market; and an essay contest at the Carey Center for Democratic Capitalism. (National Center for Employee Ownership)
Press Releases
(Click to post your press release)Finance Leaders Release Health Care Reform Policy Options
U.S. Senate Finance Committee
Statement of PBGC Acting Director Vince Snowbarger on Chrysler Bankruptcy
Pension Benefit Guaranty Corporation (PBGC)
U.S. Labor Department Obtains Judgment Prohibiting Former Lockport, New York, Employer From Future Fiduciary Oversight of Employee Benefit Plans
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Principal Releases New Three-Step Enrollment Workbook
Principal Financial Group
J. Mark Iwry Joins Treasury as Senior Advisor to the Secretary and Deputy Assistant Secretary for Retirement and Health Policy
Retirement Security Project
Smart401k Hires Impact Communications to Promote 401k Review Services
Smart401k
Barclays Launches "iShares in 401k Program"
Barclays Global Investors
ING Institutional Plan Services: An Area Of Growth For ING Retirement Services In The U.S.
ING Retirement Services
Newly Chartered National Trust Company to Specialize in Independent Fiduciary Services
Evercore Partners
AtPrime Media Announces New Retirement Plan Detective Software
AtPrime Media, Inc.
Employee Benefits Jobs
(Click to post your job opening | View all jobs |
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Sales Director, Qualified 401k Plans
for New York Life Retirement Plan Services
in MA
Plan Administrator
for The Allocation Company, Inc.
in TX
Distribution Specialist
for The Allocation Company, Inc.
in TX
Actuarial Consultant
for United States Steel Corporation
in PA
Jr. Defined Contribution Plan Administrator
for Company Confidential
in PA
EmployeeBenefitsJobs.com (Sponsor)
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