BenefitsLink |
 |
 |
May 6, 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." |
[Guidance Overview]
FAQs About Disposing of Protected Health Information
Excerpt: "Recent guidance from the U.S. Department of Health and Human Services in the form of six frequently asked questions reminds providers to properly dispose of Protected Health Information in compliance with HIPAA. So this is a good time to review how your organization handles PHI and update your policies. If you don't have policies in place already, you need to fix this right away. Here is the gist of what DHHS has to say. Everyone who handles PHI should know this." (Poyner Spruill LLP)
[Guidance Overview]
Health Care Provider's Equitable Estoppel Claims Dismissed As Contrary to Plan's MAC Provisions
Excerpt: "This provider reimbursement case illustrates several hazards for the health care provider that warrant careful attention. First, as always, 'verification' calls are always less valuable than they first appear. Verification of what? (Rarely will you find a verification of 'payment'). Second, the language of assurance can be complex. In this case, as the excerpt reveals, a promise to pay the 'maximum allowable charge' is far less of a commitment that it may appear. Third, estoppel will be unavailable in most cases to backstop errors - at least where plan language is clear enough (and the plan administrator will get a pass in many cases based upon a discretionary clause)." (Roy Harmon III via Health Plan Law)
[Guidance Overview]
The Impact of H1N1 Virus on the Workplace
Excerpt: "Because H1N1 virus can be transmitted to employees in the course of performing their jobs, employers should view the virus from a workplace-safety-and-health perspective. Employers may have legal obligations under the Occupational Safety and Health Act and its state counterparts to take affirmative steps to protect employees from work-related exposure to H1N1 virus. The Occupational Safety and Health Act and its regulations do not contain provisions specifically addressing the risks associated with H1N1 virus. However, the Act's General Duty Clause requires employers to provide a workplace 'free from recognized hazards that are causing or are likely to cause death or serious physical harm.' 29 U.S.C. § 665(a)(1)." (Kilpatrick Stockton LLP)
[Guidance Overview]
ARRA Required Changes in HIPAA Compliance
Excerpt: "The American Recovery and Reinvestment Act passed at the end of February contains a number of changes to HIPAA privacy and security rules. Among the most important changes are new notification obligations in cases of breaches of protected health information (PHI). Upon discovering a breach of unsecured PHI, health plans will now be required to notify affected individuals and -- if more than 500 individuals are affected -- the Department of Health and Human Services (HHS) and prominent media outlets serving the area. Health plans will also be required to maintain and submit annually to HHS a log of all breaches." (Faegre & Benson)
TIAA-CREF Rolling Out New Retirement Investment Account for Healthcare Expenses
Excerpt: "By setting up what's called a VEBA (voluntary employees beneficiary association), TIAA wants to help people use the same tools employed in tax-advantaged retirement accounts to fund their future medical expenses. Current surveys put lifetime retiree health expenses -- excluding what's covered by Medicare and other programs -- at upwards of $250,000, and climbing." (U.S. News & World Report)
Overview of the Health Care Reform Debate to Date
Excerpt: "By the time of the April recess, House and Senate committees had conducted more than 20 hearings on a range of health care reform issues. Health reform will affect employer-sponsored health plans, possibly changing the tax treatment of employer-provided coverage and establishing employer mandates. Lawmakers also have been debating whether a public plan should be part of the reformed health care system." (Watson Wyatt Worldwide)
Health Reform in the 21st Century: A Conversation with Health and Human Services Secretary Kathleen Sebelius
May 6, 2009. Excerpt: "Health and Human Services Secretary Kathleen Sebelius will appear before the Committee to discuss the President's principles for health care reform." (U.S. House of Representatives Committee on Ways & Means)
H1N1 Flu Information Resources Listed
Excerpt: "The U.S. Centers for Disease Control (CDC) is actively investigating isolated human cases of H1N1 influenza (swine flu) in several states, and is working closely with Can.ada and Mexico and with the World Health Organization (WHO). Likewise, the Public Health Agency of Can.ada (PHAC) is working collaboratively with Mexican and American officials to further investigate the situation. [Links are provided to U.S. Government Resources, Can.ada Government Resources, and assorted others.] " (International Foundation of Employee Benefit Plans)
Workers' Poor Health Costlier to Employers Than Direct Costs of Medical Care, According to Study
Excerpt: "Poor health among workers is far costlier to U.S. employers than they realize, affecting their profitability and undercutting overall productivity nationally, according to a study published recently in the Journal of Occupational and Environmental Medicine. The multiyear study of ten organizations employing more than 150,000 workers indicates that employers that focus only on medical and pharmacy costs in creating employee health strategies might misidentify the health conditions that most affect their employees' productivity, while underestimating the impact of other factors." (Wolters Kluwer)
Medicare Poised to Take Bigger Chunk of Social Security Checks Next Year
Excerpt: "CBO estimates the basic premium will rise to $119 next year and to $123 in 2011 for those not protected by the law. In addition, the Times reports that millions of beneficiaries also could experience higher premiums for drug coverage under Medicare Part D because there are no laws that prevent such an increase." (California HealthCare Foundation)
Chrysler Union Taking Big Risk, Its Chief Says
Excerpt: "The president of the United Automobile Workers union, Ron Gettelfinger, said Monday evening that concessions granted to Chrysler would leave the U.A.W.'s new retiree health care fund 'on life support initially.'. . . Mr. Gettelfinger, in his first public comments since Chrysler filed for bankrup.tcy protection last week, said the equity that Chrysler was substituting for $5.1 billion in cash was worth 'zero today,' and added that the U.A.W. planned on selling its stock as soon as doing so was financially feasible." (The New York Times; free registration required)
Health Insurers Offer Another Concession: Lower Rates for Women
Excerpt: "The health insurance industry has offered to end its practice of charging higher premiums to women. It was the latest concession offered by health insurers as Congress works to overhaul the nation's $2.5 trillion health care system. The health insurance industry is trying to head off creation of a government insurance plan that would compete with them, something many Democrats favor." (AP via The New York Times; free registration required)
Swine Flu Provides a Test of Employers' Crisis Plans
Excerpt: "A growing number of companies that dispatch employees around the world have developed formal crisis plans that include enhanced ability to know where their people are at any given time. These plans were put to the test last week when the World Health Organization warned that swine flu was spreading with efficiency among humans and appearing in an increasing number of countries, even though the fatality rate was small. Except in a few outbreaks of panic here and there, the response from the business travel industry has been measured and prudent. That is in some part because of corporate crisis plans, many of which were developed after the terrorist attacks on Sept. 11, 2001, and the SARS outbreak in 2003, and refined afterward." (The New York Times; free registration required)
EmployeeBenefitsJobs.com (Advert.)
EmployeeBenefitsJobs.com is where the best employers find the best candidates!
|
Links to Items on Executive Comp, Benefits in General
California State Teachers' Retirement System Pressuring Companies to Create 'More Responsible' Executive Compensation PoliciesExcerpt: "A CalSTRS news release said it was calling on 300 of companies in its portfolio to develop comprehensive executive compensation policies and to allow shareholders advisory votes on those policies. 'The goal is to reward long-term thinking and improve pay-for-performance practices while deterring excessive risk taking,' the fund said in the announcement. This initiative includes the publication of executive compensation model policy guidelines, communication with targeted companies that stresses using those guidelines, and related principles." (PLANSPONSOR.com; free registration required)
More Small Companies Turning to Voluntary Benefits As Low-Cost Way to Bolster Business and Empower Employees
Excerpt: "Difficult economic times mean tough either/or choices for small-business owners. For many, adding voluntary benefits to compensate for cutbacks elsewhere in a benefits package or to enrich an existing core benefits plan--particularly one with a high deductible--makes more sense than making cuts in critical areas of a business, laying off key employees or losing them to a competitor with a richer benefits package. Instead of paying for disability insurance, life insurance, dental insurance and the like as core employee benefits, small-business owners have begun to see the wisdom of providing those kinds of benefits on a voluntary basis, a la carte-style, where employees can pick and choose among them and pay for the ones they want and can afford." (Entrepreneur.com, Inc. via MSNBC.com)
ERISA Litigation Study Gives ERISA Cases Systematic Analysis
Excerpt: "How often are ERISA cases disposed of by trial? Who wins more often on summary judgment motions? What is the relative number of ERISA cases on the docket among the federal Courts Of Appeal? These and many more interesting questions for ERISA practitioners may be found in this interesting study with the practical title 'ERISA Litigation Study'. . . . The paper provides a methodologically consistent evaluation of ERISA cases that yields considerable useful and just plain interesting information. The paper is available for download on SSRN as a part of the Working Paper Series." (Roy Harmon III via Health Plan Law)
Webcasts and Conferences
(Click to post your webcast or conference)403(b) Plan Workshop: Implementing Recent Guidance for Tax-Exempt and Governmental Employers
Nationwide on May 13, 2009
presented by ALI-ABA (American Law Institute-American Bar Association)
Getting It Right - Know Your Fiduciary Responsibilities Webcast Series – Part 1
Nationwide on May 12, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Getting It Right - Know Your Fiduciary Responsibilities Webcast Series – Part 2
Nationwide on May 13, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
HIPAA Privacy Guidelines Every Lawyer Needs To Know
Nationwide on June 9, 2009
presented by ALI-ABA (American Law Institute-American Bar Association)
Optimal Rating and Underwriting Strategy for Mid-size Health Insurance Groups Webinar
Nationwide on May 20, 2009
presented by Milliman USA
Press Releases
(Click to post your press release)Directors Believe Executive Pay Programs Need to Change, Watson Wyatt Survey Finds
Watson Wyatt
The NTSAA Has Released The Source 403(b) and 457(b) Plans - Second Edition
National Tax Sheltered Accounts Association
Actuarial Consultants, Inc. Welcomes Jay Luber As Senior Consultant
Actuarial Consultants, Inc.
Chrysler Salaried Retirees Prepare to Defend Their Benefits
Stahl Cowen Crowley LLC
New Health and Wellness Agency Carrot Helps Consumers Improve Their Health - and Employers Improve Their Bottom Line
Carrot
The Six Secrets of a Successful Worksite Wellness Program
Aegis Health Group
EmployeeBenefitsJobs.com (Sponsor)
(Click on banner to learn more.)
| Where the best employers find the best candidates! |
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
Subscribe to the BenefitsLink Retirement Plans Newsletter, Too!
Sign-up form is at https://benefitslink.com/newsletter (free).
This email has been published by:
BenefitsLink.com, Inc.
1298 Minnesota Avenue, Suite H
Winter Park FL 32789
(407) 644-4146
Fax: (407) 644-2151
David Rhett Baker, J.D., Editor
Copyright 2009 BenefitsLink.com, Inc.; except that you can forward this email in full (including this boilerplate part) or otherwise reprint this email in full (including this boilerplate part) without obtaining our permission.
Anyone can receive these emails; just have them sign up at this web page: https://benefitslink.com/newsletter/
Other useful links: