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May 12, 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]
HHS Guidance on Safe Harbor from Data Breach Notification Requirements
Excerpt: "The Guidance describes what is essentially a 'safe harbor' from within which covered entities and business associates need not comply with ARRA's data breach notification requirements. At its center, the Guidance establishes an encryption and destruction standard for health information, and explains that covered entities and business associates will not be subject to ARRA's data breach notification requirements for breaches of data that is encrypted or destroyed in accordance with this standard. Although the Guidance raises more questions than answers, it does offer a process-oriented approach. Entities and business associates covered by the Guidance should take careful note of its provisions, and, if needed, provide input to HHS. The Guidance solicits comments, which must be made before May 21, 2009." (Davis Wright Tremaine LLP)
[Guidance Overview]
State Law Claims Against 'Non-Fiduciary Service Providers' Avert Preemption
Excerpt: "This district court opinion describes a set of facts which touch on several features of an ERISA plan but which, based upon the claim at bar, did not sufficient engage plan administration so as to warrant preemption. The dispute centered on representations and resulting expectations about the performance of a plan designed to meet the requirements of IRS Section 412(i)." (Roy Harmon III via Health Plan Law)
[Guidance Overview]
Managing Leave Issues Relating to the H1N1 Virus
Excerpt: "The Americans with Disabilities Act (ADA) and many state fair employment practices statutes prohibit discrimination against individuals with disabilities and may prohibit employers from making disability-related inquiries or requiring that an employee undergo a medical examination. Although it seems unlikely that telling at-risk employees who exhibit no symptoms to stay at home during a possible incubation period would be held to constitute disability discrimination, an employer assumes some risk any time it makes medical-related inquiries, requires medical examinations or makes a decision based upon a real or suspected medical condition." (Faegre & Benson)
[Guidance Overview]
No Voluntary Plan Exemption Where Employer Determined Eligibility and Assumed Administrative Role
Excerpt: "EBIA Comment: This employer's involvement with the short-term disability plan -- which included assisting in drafting plan eligibility requirements and helping employees with claims -- is a virtual 'what not to do' list for satisfying the voluntary plan safe harbor's no-endorsement rule (also referred to as 'employer neutrality'). We suspect that this employer intended for the plan to be subject to ERISA, thereby allowing it to use ERISA preemption as a shield to protect it from state-law claims, such as those alleged by the employee." (Employee Benefits Institute of America)
[Guidance Overview]
Informal Discussion Letter Indicates That Requiring Health Risk Assessments to Obtain Health Coverage Violates ADA
Excerpt: "EBIA Comment: Employers that require employees to complete a health risk assessment in order to obtain health coverage should comply with the ADA, even if they already comply with HIPAA's rules for wellness programs." (Employee Benefits Institute of America)
[Guidance Overview]
EEOC Opinion Letter: ERISA Plan HRA Requirement in Order to Obtain Health Coverage Violates ADA
Excerpt: "The U.S. Equal Employment Opportunity Commission (EEOC) issued an opinion letter in March which recently became public regarding the use of health risk assessments (HRA) and the Americans with Disability Act (ADA). While opinion letters from the EEOC are not official opinions, this letter does provide guidance for employers to clarify the use of HRAs." (Aiken & Aiken, LLC)
Senate Finance Committee Explores Health Insurance Mandate
Excerpt: "The Senate Finance Committee is exploring whether to impose a mandate that would require individual Americans to purchase health insurance, which has proven controversial in places like Massachusetts where it has been tried. The idea comes in a 63-page 'policy options' paper released Monday by the committee ahead of a private negotiating session Thursday, where it will debate options to expand access to health coverage, as called for by President Barack Obama. The paper refers to the requirement to buy insurance not as a mandate but as 'a personal responsibility' to own health coverage." (Capitol News Company LLC)
Text of Paper Prepared for Senate Finance Committee; 63-Page 'Description of Policy Options' (PDF)
63 pages. Excerpt: "Proposals included in this document would ensure that the insurance market functions effectively. Reforms proposed for the individual and small group markets would ensure a competitive insurance market in which plans compete on price and quality rather than on their ability to segment risk and discriminate against individuals with pre-existing health conditions. Proposals contemplated in this document would also make purchasing health insurance coverage easier and more understandable by establishing a gateway or marketplace where American consumers could easily compare and purchase the coverage that best fits their needs." (U.S. Senate Committee on Finance)
Background Materials for Senate Committee on Finance Roundtable on Health Care Financing
Excerpt: "The Senate Committee on Finance has scheduled a roundtable on health care financing for May 12, 2009. As background for this roundtable, at the request of Chairman Baucus, the staff of the Joint Committee on Taxation has prepared background material relating to present-law tax expenditures related to health care and the Administration's fiscal year 2010 budget proposal to reduce the value of itemized deductions claimed by certain taxpayers. The Administration's proposal is intended to offset the cost of health care reforms." (U.S. Congress Joint Committee on Taxation)
U.S. Maternity Leave Benefits Are Still Dismal
Excerpt: "Under the 1993 Family and Medical Leave Act, which passed after 10 years of legislative wrangling, working women are granted 12 weeks' unpaid time off to care for a newborn or adopted child, with the guarantee of the same job when they return. To qualify, they must have been employed for at least 12 months at the same firm before the time off and have worked a minimum of 1,250 hours during the same period. What makes this law so unhelpful for many working women is that companies with fewer than 50 employees are exempt from abiding by it--meaning that these smaller firms are not obligated to grant any time off to care for a newborn (or sick family member). Although many large companies, such as Wall Street outfits and telecommunication firms, offer some kind of paid-leave package, more than half of U.S. companies employ fewer than 50 people." (Forbes.com)
Employment-Based Health Insurance and Universal Coverage: Four Things People Know That Aren't So
Excerpt: "Employment-based health insurance is the Rodney Dangerfield of U.S. health policy: it gets no respect from anyone. . . . Given the likely prevalence of EBC for the foreseeable future, it is worth emphasizing four important points about EBC and universal coverage. What these points have in common is that they are myths - most people believe they are true, even though they are not. The four 'myths' are these: Employers pay for EBC; There are 45.7 million uninsured Americans; Universal coverage means everyone will have access to high quality care; Universal coverage will solve the cost problems of American health care. The paper explains why each of these points are 'things people know that aren't so.' It then highlights the budgetary and collective action problems with trying to get to universal coverage without relying on EBC, at least for the foreseeable future." (Social Science Research Network)
Physicians Respond to Pay-for-Performance Incentives: Larger Incentives Yield Greater Participation (PDF)
6 pages. Excerpt: "Results: The amount of incentives available to physicians strongly affected their rate of participation. Participation rates varied with the type of program, and overall physician participation rates might grow as more purchasers/payers within a community offer similar incentives. Conclusion: Our analysis suggests that all stakeholders -- health plans, physicians, and patients -- would benefit from health plans collaborating on their P4P efforts to maximize physician participation." (American Journal of Managed Care)
HHS Will Release Guidance on 'Meaningful Use' of Health Information Technology This Summer
Excerpt: "HHS soon will issue guidance and specifications on the definition of 'meaningful use' of health information technology, National Coordinator for Health IT David Blumenthal said on Friday, CongressDaily reports (Noyes, CongressDaily, 5/8). 'Meaningful use is very much on our mind,' he said, adding, 'We hope to provide a direction and some specifications in the late spring, early summer' (Goldstein, 'Health Blog,' Wall Street Journal, 5/8)." (Kaiser Family Foundation)
Milwaukee, Wisconsin, Sick-Day Ordinance to Get Hearing
Excerpt: "The city of Milwaukee's controversial paid sick-leave ordinance gets another hearing in court . . ., when Circuit Court Judge Thomas A. Cooper will hear arguments on whether to block permanently the measure. In February, Cooper issued a temporary injunction that halted the ordinance . . . . Cooper is not expected to issue an immediate ruling, but will provide a written order later. The sick-leave ordinance was approved by 69% of city voters in November, after being placed on the ballot through a petition drive. Milwaukee became the third city in the country to mandate paid sick days. San Francisco and Washington, D.C., have enacted similar laws." (Milwaukee Journal Sentinel)
ERISA Plan Stands Down in 'Overpayments' Dispute With Providers
Excerpt: "Following an outcry from physicians and discussions with the Medical Assn. of Georgia, one of Atlanta's largest employers has temporarily halted work by a company it hired to seek supposed overpayments from doctors. 'Earlier this year, Georgia-Pacific authorized Franklin, Tenn.-based Health Research Insights to send 1,100 letters to doctors in Atlanta, Savannah, Ga., and Brunswick, Ga., on what it called a 'pilot basis' to solicit repayment for medical claims the company believes were overpaid.' Company stops tapping physicians for 'overpayments', Amednews.com (by Emily Berry) (May 11, 2009) The drama between a company called 'Health Research Insights' and Georgia physicians has reached an anti-climatic conclusion after protests by physicians and the Georgia Medical Association. " (Roy Harmon III via Health Plan Law)
EmployeeBenefitsJobs.com (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Plant Closings Can Raise Claims of ERISA 'Interference'
Excerpt: "The Sixth Circuit affirmed that employees who are fired or laid-off as a group - such as in a plant closing - are covered by ERISA § 510, and can bring suit if they believe the discharge was made for the purpose of interfering with their 'attainment of rights' under an employee benefit plan." (Deloitte via BenefitsLink.com)
[Guidance Overview]
Two More Circuits Change Their Standard of Review Analysis Based on Supreme Court's Glenn Decision
Excerpt: "EBIA Comment: The circuit courts continue to adjust their standard of review analysis in response to the Glenn decision. It may be difficult to predict whether the Glenn analysis would change the outcome in a particular case, but it clearly seems to have that potential." (Employee Benefits Institute of America)
[Guidance Overview]
The Impact of Disability on Non-Qualified Deferred Compensation Under Code Section 409A
Excerpt: "This article examines the interrelationship between disability and the rules of Section 409A and discusses potential pitfalls that may be avoided with proper examination and drafting of a plan's disability definitions and procedures. Internal Revenue Code Section 409A allows 'disability' to be a payment trigger for deferred compensation, with disability defined under stringent standards set forth in the final regulations under Section 409A. Even if disability is not a payment trigger as such, the occurrence of a disability may impact the timing of payments made under a separation from service trigger. Additionally, a disability may affect vesting or other aspects of the operation of a deferred compensation arrangement, which may have implications under Section 409A. [Originally published March 23, 2009.]" (Faegre & Benson)
Annual Checkup for Social Security and Medicare
Excerpt: "The financial health of the government's two biggest benefit programs may have slipped over the past year, reflecting the deep recession that has already bitten into other areas of the budget. The trustees for Social Security and Medicare are scheduled to provide their annual report on the finances of both programs on Tuesday. In advance of the release, many private analysts said they expected both programs could run out of cash sooner than last predicted." (AP via The New York Times; free registration required)
The Emerging New Workforce: Employment and Labor Law Solutions for Contract Workers, Temporaries, and Flex-Workers (PDF)
51 pages. Excerpt: "The purpose of this Report is to provide employers with the tools to prepare now for the employment and labor law challenges they will likely face when the post-recession workforce emerges. Littler predicts that 'contingent workers' will constitute, on average, a full 50% of the new source of workers to whom employers will turn as the recession ends. The result of this trend will be that contingent workers will make up approximately 25% of the total workforce, and this percentage will continue to increase." (Littler Mendelson P.C.)
Companies' Cost-Cutting Plans Slow in Anticipation of Eventual Economic Recovery, According to New Survey
Excerpt: "U.S. employers' efforts to battle the recession through cost-cutting actions such as layoffs, hiring freezes and salary freezes may have finally peaked." (Watson Wyatt Worldwide)
Webcasts and Conferences
(Click to post your webcast or conference)A First Look at Approved 403(b) Prototypes
Nationwide on May 27, 2009
presented by SunGard Relius
Adjusting to the Brave New World of 403(b) Webcast
Nationwide on May 13, 2009
presented by Cammack LaRhette Consulting
DOL And SEC To Hold Joint Hearing To Examine Target Date Funds
in District of Columbia on June 18, 2009
presented by U.S. Department of Labor
Fiduciary Duty and Avoiding Conflicts of Interest Under ERISA Webcast
Nationwide on May 21, 2009
presented by Reish Luftman Reicher & Cohen
Press Releases
(Click to post your press release)Majority of Fortune 100 Companies Offer Only Defined Contribution Plans to New Salaried Employees, Watson Wyatt Analysis Finds
Watson Wyatt
PSCA Says President's Budget Preserves Plan Innovation
Profit Sharing/401(k) Council of America (PSCA)
Longevity Should Have a Prominent Place in Any Retirement Plan
Prudential Financial, Inc.
Retiree Medical Benefit Funding Alternatives for Employers
Dietrich & Associates, Inc.
Actuarial Consultants, Inc. Passes Stringent Test For Retirement Plan Recordkeepers
Roland|Criss Fiduciary Services
ING Announces Intention to File As a Section 403(b) Prototype Plan Sponsor
ING Retirement Services
Employee Benefits Jobs
(Click to post your job opening | View all jobs |
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Senior Defined Benefit Data Analyst
for Diversified Investment Advisors, Inc.
in MA
Plan Consultant
for Diversified Investment Advisors
in NY
Retirement Compliance Consultant-AVP
for Merrill Lynch
in NJ
Employee Benefits Service Coordinator
for Growing Financial Services Firm
in TX
Participant Communications Development Account Manager
for New York Life Retirement Plan Services
in MA
Retirement Plan Trust Associate
for Trust Company of Illinois
in IL
Account Manager - Group Insurance
for The Plexus Groupe
in IL
EmployeeBenefitsJobs.com (Sponsor)
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