Health & Welfare Plans Newsletter |
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| July 9, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
SIFMA (Securities Industry and Financial Markets Association) (Advert.)
SIFMA's Savings & Retirement Conference- Washington DC The conference draws retirement professionals in the financial services industry, including retirement plan specialists working in the field, to the executives who market, manage the product, or are responsible for legal and compliance. The sessions are designed to highlight policy and business developments that will enhance your firm's efforts to help investors save for and live comfortably in retirement. |
[Guidance Overview]
Health Privacy Changes Create Increased Risks and Obligations for Holders of Health Data
Excerpt: "In the wake of the recent changes, organizations that handle protected health information may consider: reassessing any potential HIPAA obligations; determining the extent of that obligation, if they are obligated to comply with HIPAA; and reviewing existing HIPAA compliance policies and procedures in light of the legal changes, and regularly in the future, to assure continued compliance with the law." (Wilson Sonsini Goodrich & Rosati)
[Guidance Overview]
Towers Perrin U.S. Legislative Tracking Charts -- Health and Welfare -- Updated July 8, 2009 (PDF)
16 pages. Except: '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]
First Circuit Requires Abstention Where State Proceedings Have Begun
Excerpt: "Colonial v. Medley addresses when it is appropropriate for a district court to abstain from jurisdiction over a case in which state court proceedings have been instituted on facts which leave the question of preemption in doubt. . . . The plaintiff, Cauldron, had filed a claim against a short term di[s]ability carrier and also filed a charge with the Massachusetts Commission Against Discrimination ('MCAD'). The central issue was a provision in the policy that excluded psychiatric or psychological conditions." (Roy Harmon III via Health Plan Law)
For Many Americans, Health Insurance Coverage Is Key to a Job
Excerpt: "While health experts say there are no statistics available, analysts say there are many Americans . . . who have taken or stick to a job just for the health insurance. It is a situation most Europeans, Canadians and others who enjoy national health services would find bewildering if not appalling and is one factor fueling the drive to reform the hugely expensive U.S. healthcare system. 'People will even stick with a job they feel boxed in on because of the healthcare benefits, especially if those benefits cannot be matched elsewhere,' said Andrew Sum, a labor economics professor at Northeastern University." (Reuters via The New York Times; free registration required)
University Must Return Forced Time Off to Faculty Members
Excerpt: "The University of South Florida last year gave an estimated 5,500 employees this choice: take off three days in late December without pay, or use three days of paid vacation to cover the time. Now an arbitrator has said the university didn't have the authority to force unionized faculty members to take the annual leave. In an e-mail Monday evening, USF provost Ralph Wilcox said the university would re-credit the leave not only to affected faculty members but to any employee who had been forced to take it." (TheLedger.com)
Congress Dealing with an Intense Schedule of Health Care Reform Activity
Excerpt: "While the Senate timeline might slip, the House committees with jurisdiction are expected to debate the legislation in July and move the act to the House floor before the August recess (which begins July 31). As lawmakers draft legislative language and the cost estimates roll in, the challenges grow. Some of the stakeholders that cooperated earlier in the process might oppose the final proposals. Congress must make difficult decisions about paying for the legislation, and the legislative time clock is running out. Despite these tribulations, however, the debate continues to move forward. It is too early to predict the outcome, but employers and their health plans are certain to be affected." (Watson Wyatt Worldwide)
Study of State Employee Health Benefits (PDF)
6 pages. Excerpt: "The key findings of the study follow: A large majority of states offer medical coverage through managed care plan designs. The dominant design nationwide and in regions is a managed medical plan that allows employees to seek care from out-of-network providers at higher cost. States with the smallest populations offer the greatest choice of medical plan types. Multiple tiers for medical coverage are common. For all medical plan types, cost sharing is greater for family coverage than for employee-only coverage. There are regional differences in cost sharing. Annual per-person deductibles of under $1,000 are common. Lifetime maximums for medical coverage are uncommon. For prescription drug coverage, copayments are much more common than coinsurance. Most states that provide dental coverage offer a managed dental plan." (The Segal Group, Inc.)
White House Unveils $155B Deal with Hospitals
Excerpt: "The White House on Wednesday formally announced an agreement with the nation's hospitals that would save the government $155 billion over 10 years. The hospital deal, brokered by the White House and Senate Finance Committee Chairman Max Baucus (D-Mont.), is the latest in a series of such high-profile announcements by the Obama administration." (Capitol Hill Publishing Corp.)
Leave Benefits in the United States (PDF)
24 pages. Excerpt: "Currently, there are few federal statutes that pertain directly or indirectly to employer provision of leave benefits for any purpose. This report begins by reviewing those policies, including the Pregnancy Discrimination Act and the Family and Medical Leave Act. Temporary Disability Insurance (TDI) programs, which five states have established to compensate for lost wages while workers are recovering from nonoccupational illnesses and injuries, are discussed as well. So too are the California and New Jersey family leave insurance programs, which essentially extend the TDI programs of the two states to employees caring for family members. The report then examines the incidence of different types of paid leave that U.S. employers voluntarily provide as part of an employee's total compensation (wages and benefits). . . . The report closes with results from a federal government survey of the average direct cost to businesses of different types of leave." (U.S. Congressional Research Service)
The Healthy Families Act Mandates at Least 56 Hours of Paid Sick Leave (PDF)
Excerpt: "As a central component in the Democratic Congress' 'family friendly' agenda in prescribing workplace flexibility and broad employer-provided paid leave mandates -- the 'Healthy Families Act' (HFA) (H.R. 2460/S. 1152) -- has been reintroduced by Rep. Rosa DeLauro (D-CT) and Sen. Edward Kennedy (D-MA). This expansive mandate would require employers to provide 56 hours of paid sick leave per year. The bill contains minor improvements over the previous version of the legislation but is more expansive in some areas, most notably by requiring paid sick leave be provided to all employees." (HR Policy Association)
The CDC's LEAN Works! A Workplace Obesity Prevention Program
Excerpt: "'CDC's LEAN Works! Leading Employees to Activity and Nutrition' is a free web-based resource that offers interactive tools and evidence-based resources to design effective worksite obesity prevention and control programs, including an obesity cost calculator to estimate how much obesity is costing your company and how much savings your company could reap with different workplace interventions." (U.S. Centers for Disease Control and Prevention)
Taxing Health Benefits Lacking Hill Support
Excerpt: "[Senators] continue to look for new ways to pay for their reform bills, due to lack of public support for an employer benefits tax, CNN reports: 'A recent New York Times/CBS News poll showed only 20 percent of respondents support the tax and a Washington Post/ABC News poll found 70 percent opposed it. A Kaiser Family Foundation poll found 54 percent of respondents oppose the new tax' (7/7). Instead, Democrats are focusing on taxing the wealthy to pay for reform, The Wall Street Journal reports: 'Senate negotiators are considering a wider range of ways to pay for expanding health coverage, including President Barack Obama's proposal to limit tax deductions for the wealthy and another proposal to impose an income surtax on the wealthy, people familiar with the matter said' (Hitt and Adamy, 7/8)." (Kaiser Family Foundation)
Health Reform Legislation Will Impact Preventive and Wellness Programs
Excerpt: "Reuters reports: 'Efforts to overhaul the U.S. healthcare system and expand coverage to millions of uninsured could lead some wellness programs to expand and others to constrict, experts say.... In all of the bills in Congress, insurers would be required to cover some preventive services, and all of the bills include prevention and wellness incentives. That could alter what care and coverage are included in wellness programs, such as nutritional counseling or similar programs. ... One incentive under consideration would give tax credits to companies for wellness programs, said Maya Rockeymoore, head of Washington, D.C.-based Global Policy Solutions consultants.'" (Kaiser Family Foundation)
Employers Forcing Workers Into Healthy Habits
Excerpt: "Last year, AmeriGas Propane Inc. gave its employees an ultimatum: get their medical checkups, or lose their health insurance. The nationwide propane distributor took the unusual step after facing years of steep increases in the cost of health coverage for its roughly 6,000 workers. The company's work force was aging, and many employees had unhealthy habits -- the average worker is 46, and around 44% are smokers. And people weren't getting tests or preventive care that could help them avoid heart attacks, diabetes or cancer. AmeriGas had tried a number of voluntary wellness programs to encourage healthy habits in its employees. But the company concluded that 'optional programs just don't work,' says Bill Katz, vice president for human resources." (The Wall Street Journal)
California Regulators Shut Down Alleged Health Insurance Scheme
Excerpt: "California regulators said they had shut down a labor union health insurance scheme that put hundreds of consumers at risk of losing coverage. The Department of Managed Health Care said Tuesday that it had obtained an order from an administrative judge barring Raymond and Jean Palombo of Riverside from selling health maintenance organization and preferred provider organization policies in California." (Los Angeles Times)
In Retooled Health-Care System, Who Will Say No?
Excerpt: "Although Obama and his advisers have held up providers' spending patterns as the crux of the crisis, proposals in Washington go only so far in addressing the thorniest questions about who gets what care. Instead, cost-saving measures are focused on introducing a public insurance option to compete with private insurers, or on general cuts in Medicare and Medicaid payments to hospitals. The bills being written would put new emphasis on evaluating treatments according to their 'comparative effectiveness,' or weighing the risks and benefits of different types of treatment for the same illness, but the bills stop short of incorporating cost-benefit analyses into the findings or of requiring that providers abide by conclusions." (The Washington Post; free registration required)
ALM (Advert.)
Complete Benefits Law Guidance from Law Journal Press The nation's workforce and health care system are constantly evolving and so are the legal issues. Law Journal Press helps you handle any benefits law question with up-to-date, authoritative books on all aspects of the field. Get legal and practical advice from leading experts on everything from COBRA to ERISA, "contingent" employees to family and medical leave, and more. Browse our product listings for detailed information and special offers. |
Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Towers Perrin U.S. Legislative Tracking Charts -- Human Resources -- Updated July 8, 2009 (PDF)
7 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]
Clarification on SERP Accruals for TARP Companies
Excerpt: "In my June 19, 2009 blog, I discuss TARP limits on non-qualified deferred compensation. A few sharp-eyed readers, both internal and external, raised an issue that requires clarification and an update. My blog focused on non-qualified deferred compensation plans. The commenters also focused what the final TARP rule provide for SERPs (defined benefit-like non-qualified plans). For example, suppose a TARP recipient has an excess benefit plan or SERP that has been around for many year. Can the SEOs of a TARP company continue to accrued benefits under the SERP during the TARP period?" (Michael Melbinger via Winston & Strawn LLP)
[Guidance Overview]
Executive Compensation: Safe Passage Through the Minefield of Deductibility
Excerpt: "When a corporate client seeks words of wisdom regarding tax planning, most CPAs go through the litany of suggestions related to acceleration of deductions and deferral of income. Yet one of the biggest and potentially most dangerous tax issues facing corporations is the compensation paid to the top executives and whether the IRS will allow the company to deduct the full compensation paid." (American Institute of Certified Public Accountants)
Massachusetts Challenges Defense of Marriage Act
Excerpt: "Massachusetts is suing the United States, challenging the constitutionality of part of the Defense of Marriage Act, according to the Boston Globe. From the article: The lawsuit argues that DOMA, which was enacted in 1996, precludes same-s.ex spouses from a wide range of protections, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments." (Workplace Prof Blog)
Accrued Leave Can Mean Big Pay Day in a Pennsylvania County
Excerpt: "Last year, the county paid roughly $250,000 in accrued leave time to union and management employees who accepted early retirement boosts in pension payments . . . . Accrued time entitlements for union employees are spelled out in collective-bargaining agreements. Under the county's personnel policy, nonunion employees can carry over a maximum of 20 unused vacation days into the next year but can't carry over unused personal days. That allows departing managers to get paid for up to 20 unused vacation days from the previous year and for any unused vacation and personal time from the current year." (The Citizens Voice)
Webcasts and Conferences
How to Prepare Total Rewards Statements In-house on Your Own PCNationwide on August 5, 2009
presented by Benefit Software Inc.
SIFMA's Savings & Retirement Conference
in District of Columbia on September 16, 2009
presented by SIFMA Securities Industry and Financial Markets Association
The Rocky Road for 401(k)
Nationwide on August 20, 2009
presented by The Knowledge Congress
(Click to post your webcast or conference)
Press Releases
The Segal Company Announces Nine Executive PromotionsThe Segal Company
Former Casino Employee Sentenced for Theft of 401(k) Plan Assets
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Benefitfocus Announces Latest Version of Health and Benefits Web Portal: HR InTouch
Benefitfocus
BPAS Unveils State-of-the-art Call Center
BPAS
Sibson Consulting Announces Two New Officers
Sibson Consulting
New White Paper by The Advisory Group of San Francisco Helps 401(k) Fiduciaries Avoid Common Pitfalls
The Advisory Group
(Click to post your press release)
Employee Benefits Jobs
DC Administrator/Recordkeeperfor The Trust Company of Knoxville
in TN
Year End Services Manager
for Ascensus
in PA
Plan Analyst and Enrollment/Communications Specialist
for Pension Specialists, Inc.
in IL
Benefits Consultant
for Northwestern Benefit Corporation of Georgia
in GA
Case Manager
for MandMarblestone Group
in PA
(Click to post your job opening | View all jobs |
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EmployeeBenefitsJobs.com (Sponsor)
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Handy Links:
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- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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