[Guidance Overview] New York State Expands Continuation Coverage for Insured Medical Plans Excerpt: "Although it is possible that this new law might be challenged as preempted to the extent that it applies to employers subject to federal COBRA, there is an exception to preemption for state laws regulating insurance. Since it is unlikely that any challenge would be resolved before compliance is required and it is unclear whether such challenge would succeed, we recommend that preparation for compliance start now." (Osler, Hoskin & Harcourt LLP) [Guidance Overview] Towers Perrin U.S. Legislative Tracking Charts: Health and Welfare, Updated August 12, 2009 (PDF) 19 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) How Aspects of the Nation's Largest Employer-Sponsored Health Plan Could Serve as a Model for Reform Excerpt: "The paper offers three main observations for reformers, drawn from experience with FEHBP: 1. Because people outside of large employer groups are quite diverse in health status and income, they and their health risks are likely to be unevenly distributed across health plans. Strong countermeasures to make sure plans are not disproportionately saddled with the costliest clients will need to be identified. 2. It can be challenging to maintain a wide range of benefit packages for enrollees to choose among, and actions could be taken in this regard. 3. FEHBP's model of relating to health plans through negotiation is an alternative to conventional contracting, and is worth considering." (Robert Wood Johnson Foundation) The Taxable Value of Your Health Insurance Excerpt: "One of the as-yet-unresolved issues regarding health care reform is the proposal (by some) to tax health care benefits, or at least health care benefits above a specific dollar amount. Realizing (in a way that I'm not sure all legislators do) that those benefits cost more in some parts of the country than others, and acknowledging that different employers offer different levels of benefit coverage, and that different workforces may require/call for different types of coverage, this week I asked readers what their health care benefits package was worth." (PLANSPONSOR.com; free registration required) Health Insurance Premium Costs Outpace Paychecks Excerpt: "In addition to higher premiums, working families now face higher out-of-pocket health care costs, such as higher deductibles, copayments, and costs for services that are not covered by their insurance plans. As a result, health care costs are consuming an ever-larger portion of family budgets. It is clear why many families feel worse off economically than they did a decade ago. These state reports, which are based on data from the U.S. Census Bureau and the U.S. Department of Health and Human Services, examine what these trends mean for America's working families. State-specific reports are being released August through October, 2009." (Families USA) Smoker's Lawsuit Against Prospective Employer Dismissed Excerpt: "A case involving a prospective employee who was not hired after he tested positive for nicotine will have only marginal impact on the types of wellness plan incentives employers use to encourage healthier behaviors, though it does highlight areas that require caution, benefits experts say. A U.S. District Court judge in Boston on July 23 dismissed a lawsuit that was filed by Scott Rodrigues in 2006 against Scotts Co. L.L.C. when the Marysville, Ohio-based lawn and garden product maker rescinded an employment offer contingent on a drug test that found nicotine in his urine, a violation of company policy barring employees from smoking on or off the job. In his suit, Mr. Rodrigues charged that the company violated his right to privacy as well as the Employee Retirement Income Security Act, which protects workers' rights to employee benefits." (Business Insurance) Should Employers Be Required Either to Pay Substantial Share of Employees' Health Insurance or to Subsidize Coverage of Uninsured? (PDF) Excerpt: "To shore up the system of employment-based health coverage, and to extend coverage for those not now insured, many health policy experts have long argued for requiring employers to contribute to coverage for their workers. Such measures are known as 'employer mandates' or, more recently, 'shared responsibility' requirements on employers to help provide coverage. . . . Provisions of the various congressional proposals under consideration, and the arguments pro and con, are detailed [in the target document]." (Health Affairs) [Opinion] Health Reform and Small Business Excerpt: "[Small business] proprietors would be wise to ignore the rhetoric and take a closer look. A vast majority of small businesses and their workers are likely to benefit greatly. They should be supporting, not opposing, reform. It is a little recognized fact that some 70 percent of uninsured Americans come from families with one or two full-time workers. Most of those workers are employed by small businesses that don't offer them health benefits or offer coverage that they can't afford." (The New York Times; free registration required)
Links to Items on Executive Comp, Benefits in General[Guidance Overview]Labor & Employment Legislative Update Newsletter, Summer 2009 The newsletter covers pending legislation that may affect employers and employees. (Troutman Sanders Strategies) [Guidance Overview] EEOC's Guidance on Discrimination Waivers and Releases Excerpt: "Given the recent economy and resultant 'rightsizing' of workforces, many employers are asking employees to sign releases in exchange for severance pay. Various statutes and cases regulate the enforceability of those release agreements. Consequently, employers should take care to assure that their separation agreements comply with the applicable legal requirements." (Briggs and Morgan P.A.) [Guidance Overview] Towers Perrin U.S. Legislative Tracking Charts: Human Resources, Updated August 12, 2009 (PDF) 9 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) New Legislative Focus on Executive Compensation and Risk Excerpt: "Outlook: The executive compensation issue is expected to be rolled into broader financial market reform legislation later this year. On July 30, Chairman Frank and Agriculture Committee Chairman Collin Peterson (D-Minn.) had reached an agreement-in-concept on regulating derivatives, another element of the reform efforts. Say-on-pay and corporate governance legislation is pending in the Senate as well. For example, Senate Banking Committee member Charles Schumer (D-N.Y.) has sponsored a bill, and Senator Durbin has introduced two bills aimed at regulating executive pay. However, given the Senate's plan to focus on health care reform in September, corporate governance and financial market reform might be pushed to the back burner." (Watson Wyatt Worldwide) Judge Approves $925M UnitedHealth Backdating Options Suit Settlement Excerpt: "UnitedHealth Group Inc. and its former chief executive William McGuire will pay $925 million to resolve an investor class-action lawsuit accusing the health insurer of improperly backdating stock options, Reuters reports. . . . Given that there was 'significant risk' to the plaintiffs recovering nothing had the case been fully tried, 'the $925.5 million settlement amount is substantial,' U.S. District Court Judge James Rosenbaum wrote in his 26-page order dated August 10, according to Reuters." (PLANSPONSOR.com; free registration required) Webcasts and ConferencesFive Reasons Why You Haven't Been Able to Cut Your Health Care Spend WebcastNationwide on September 15, 2009 presented by International Foundation of Employee Benefit Plans Retirement Plan Issues for Tax Exempt Organization in Pennsylvania on September 15, 2009 presented by PEBA --Penjerdel Employee Benefits & Compensation Assn. (Click to post your webcast or conference) Press ReleasesPBGC Negotiates Deal to Strengthen Pension Funding at Cooper Tire & RubberPension Benefit Guaranty Corporation (PBGC) Great-West Retirement Services Adds Sales Staff In Step To Further Support Its Adviser And TPA Channels Great-West Retirement Services HSA Bank Launches Enhanced Website HSA Bank TPAA Partners With ConnectYourCare for Consumer-Directed Healthcare Administration Services ConnectYourCare (Click to post your press release) Employee Benefits JobsBenefits Analyst Ifor Milliman, Inc. in WA Defined Contribution Plan Administrator for Papalia Retirement Plan Services, Inc. in PA Senior Pension Administrator for American Fiduciary Corporation in MA Retirement Plan Specialist for First National Bank in NE Retirement Plan Specialist for RubinBrown LLP in MO Defined Contribution Administrator for McGregor & Associates, Inc. in KY (Click to post your job opening | View all jobs | RSS feed of all jobs ) EmployeeBenefitsJobs.com (Sponsor) (Click on banner to learn more.)
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