Health & Welfare Plans Newsletter |
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| August 21, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
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[Guidance Overview]
HIPAA Security Breach Notification Rule Refinement of Key Terms
Excerpt: "On August 19, 2009, the federal Department of Health and Human Services (HHS) issued the interim final rule regarding notification of breaches of unsecured protected health information under the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The rule refines and narrows key concepts in a manner that will limit the notification obligations of covered entities. In connection with the rule, HHS also updated its April 17, 2009, guidance specifying technologies and methodologies that render protected health information unusuable, unreadable or indecipherable to unauthorized individuals, and therefore exempt from the notice requirements." (Faegre & Benson LLP)
[Guidance Overview]
Health Care Plan Properly Denied Coverage of Drug Treatment at Noncontracted Provider
Excerpt: "A health care plan unambiguously excluded coverage of a beneficiary's stay at a residential treatment center (RTC) because the plan specifically covered only behavioral health care services provided by a contracted provider. This was the decision of the Ninth Circuit U.S. Court of Appeals in Dupree v. Holman Professional Counseling, et al. (No. 07-55617)." (Wolters Kluwer)
N.Y. City Council Pushes for Mandatory Paid Sick Days for Workers
Excerpt: "Some 30 New York City Council members, led by Gale Brewer, plan to introduce a bill Thursday, August 20, that would require employers to provide their workers with paid sick days. The measure would give workers at businesses with 10 employees or more nine paid sick days per year, while those at smaller companies would get five days. Businesses would be fined $1,000 per violation." (Workforce Management; free registration required)
Lessons for Health Reform from the Federal Employees Health Benefits Program (PDF)
10 pages. Excerpt: "Politically, the program as a model for reform has appeal across the spectrum. Conservatives like the program's reliance on private health plans and market competition. Liberals like the prospect of expanding to everyone the FEHBP's large-employer-style benefits, community rating, and close oversight of insurer pricing. However, it does not seem to be wise simply to open the existing FEHBP to non-federal enrollment nor feasible to precisely replicate the FEHBP and its national approach outside the context of federal employment. FEHBP experience suggests three main lessons for new reforms. First, selection issues can be severe and program altering. It seems very likely that stronger countermeasures will be needed for a new exchange than the FEHBP has as yet deployed. Second, it is challenging to maintain a wide spread of benefit packages for enrollees to choose among. Plausibly, better risk adjustment or other anti-selection mechanisms would assist in achieving this goal. Third, the FEHBP approach of negotiating with health plans and maintaining reserves that can be used to offset unexpected costs in a given year or temper year-to-year premium fluctuations is an alternative to direct public regulation of premiums." (Urban Institute)
Reducing Racial and Ethnic Disparities in Health Care: Partnerships Between Employers and Health Plans
Excerpt: "Employers have emerged as a potential source of self-reported race and ethnicity data, yet only a few health plans and employers have worked together on this front. Through interviews with large employers, health plan representatives, government officials and national experts, Mathematica Policy Research developed an issue brief which explores health plan and employer partnerships to address disparities. The brief also looks at barriers to partnerships and discusses strategies to encourage increased involvement of employers." (Robert Wood Johnson Foundation)
The Regressivity of Taxing Employer-Paid Health Insurance
Excerpt: "Many health economists, ranging from Democratic advisor Jonathan Gruber /1/ to the Heritage Foundation /2/ have argued that tax subsidies for employer-paid health insurance encourage over-insurance and are highly regressive, directed mainly to higher-income families. We beg to differ. The subsidies meet the usual definition of progressivity: they taper down (as a percentage of income) as income rises. Ending them would inflict a regressive tax increase, taking a larger share of income from insured near-poor and middle-class families than from the wealthy." (The New England Journal of Medicine)
The End of ERISA Health Plan Subrogation?
Excerpt: "This amendment has not been offered as of yet to H.R. 3200, but it is circulating and may be introduced when the House reconvenes. Now H.R. 3200 has a subrogation and coordination of benefits provision in it and, while the final form of this amorphous legislation is anybody's guess, it appears to apply to the public option plan. So this amendment is aimed at the self funded ERISA plans along with the other mandates of coverage required to qualify under the bill." (Roy Harmon III via Health Plan Law)
Federal Government Urges Employers to Offer Flexible Sick-Leave Policies in Case of Swine Flu Pandemic
Excerpt: "The secretaries of commerce, education and homeland security offered guidance to businesses on how to prevent the spread of the H1N1 virus and how to prepare for a major outbreak. They stressed the importance of allowing employees who exhibit flu symptoms to go home and stay home until at least 24 hours after their fevers subside. They also said that businesses should consider eliminating policies requiring a doctor's note to justify a sick day and that employers should be prepared to operate with fewer people." (The Washington Post; free registration required)
Most Alabama State Employees Complete Health Screenings
Excerpt: "A plan to get state employees screened for life-threatening illnesses such as diabetes and heart disease appears to be working, according to the chief executive officer of the State Employee Insurance Board. 'It's gone better than we expected,' said insurance board CEO William Ashmore. 'We're steadily finding people who are borderline stroke or diabetics who we've had to send directly to the emergency room because they were just days away from something bad happening to them.' Approximately 28,593, or 76 percent, of the state's 37,500 employees have gone through wellness screenings provided by the state since the board announced plans to start charging employees an additional fee if they don't get screened. Employees who are not screened by January 2011 will have to pay an extra $25 for their health insurance in addition to the increased rates that will kick in Oct. 1." (Montgomery Advertiser)
[Opinion]
Health Reform Is Useless Without Behavior Change
Excerpt: "This change will take more than health insurers and employers passing more costs to the individual through higher copays and deductibles -- or conversely lowering costs for proper testing, counseling, and immunization. It will also take more than doctors telling patients to get active and eat better or payers reforming payments so that physicians are properly reimbursed for providing that guidance. It will even require more than the government spending millions on wellness and prevention programs that are part of healthcare reform proposals. All of these ideas are steps in the right direction, but they won't be effective without more Americans taking responsibility for their health." (HealthLeaders Media)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]FTC Delays 'Red Flags' Rule on Identity Theft Prevention and Addresses Applicability to Employee Benefits Plans
Excerpt: "The Federal Trade Commission (FTC) has delayed enforcement of the 'Red Flags' rule concerning identity theft prevention until November 1, 2009 and has provided guidance on the applicability of the rule to employee benefit sponsors and administrators in a series of Frequently Asked Questions (FAQs) posted to its website. The Red Flags rule requires many businesses and organizations to implement a written identity theft prevention program to detect warning signs -- 'red flags' -- of identity theft in their day-to-day operations." (Wolters Kluwer)
Public or Private? How the Distinction May Affect Your Company's Executive Compensation Practices (PDF)
7 pages. Excerpt: "This article takes a look at how these terms are defined in some of the key executive compensation provisions of the Code, including sections 162(m), 280G, and 409A, and how the determination of whether a company is public or private can affect the application of those sections. While this article provides a general overview of Code sections 162(m), 280G, 409A, and the other Code sections discussed herein, it assumes that the reader is somewhat familiar with the general requirements f these Code sections, and thus, does not provide an in-depth discussion of all of the requirements of each Code section discussed." (The Texas Tax Lawyer via Haynes and Boone LLP)
Virginia Offers Small Loans to State Employees
Excerpt: "Hoping to avert the dangers of predatory lending and improve one's financial fitness, Virginia is giving its employees access to small, emergency loans. The Virginia State Employee Loan Program offers non-probationary state employees short-term loans of up to $500 with no credit checks and no late fees. Borrowers must belong to the Virginia Credit Union and have at least $5 in a savings or checking account. To qualify for a loan, participants must complete an online financial course and a 10-question financial literacy exam." (Governing.com)
How the Financial Meltdown is Hastening Innovation in Employee Benefit Strategies and Design (PDF)
Excerpt: "This article examines some of the key findings from Towers Perrin's recent 'Benefits in Crisis' pulse survey of almost 500 HR and benefit executives at midsize and large U.S. organizations, which was conducted in February, 2009. Drawing from these and other data, as well as our day-to-day consulting experience in this difficult climate, we will offer insights and our perspective on how the current economic crisis is reshaping the rewards/benefits landscape and companies' fundamental 'deal' with employees." (Thomson Reuters via Towers Perrin)
Discounts and Offering Periods Key to ESPP Benefit, According to Survey
Excerpt: "Overall, 65% of the over 400 stock plan administrators in U.S. public companies surveyed said that an Employee Stock Purchase Plan (ESPP) was a beneficial or excellent investment, but if the discount on stock price was 10% or less, only 18% did. . . . The NCEO/CEPI survey, conducted in June and July 2009, includes responses from over 400 companies. With questions written by experts in the field, the resulting data is a unique source for insight into trends in plan design, participation rates, compensation cost, run rates, overall satisfaction with the plan, and more." (PLANSPONSOR.com; free registration required)
Webcasts and Conferences
A Full Day Seminar with Sal Tripodiin Ohio on September 9, 2009
presented by ASPPA Benefits Council of Cleveland
SEBC Fall Fly-In
in Virginia on October 1, 2009
presented by Southern Employee Benefits Conference
Webcast: The Evolving Fiduciary Landscape: Trends, Reform and Process
Nationwide on September 9, 2009
presented by National Institute of Pension Administrators
(Click to post your webcast or conference)
Press Releases
Online Tool Calculates Health SavingsPrincipal Financial Group
ftwilliam.com Receives Preliminary Certification of its EFAST 2 Transmission Software
ftwilliam.com
ShareOwners.org: 50,000 U.S. Investor Emails To U.S. Senate Is Goal To Boost Prospects For Action On “Say One Pay” Bill Passed By House In Late July
ShareOwners.org
(Click to post your press release)
Employee Benefits Jobs
Institutional Services Communication Specialist Ifor BB&T
in NC
Defined Benefits Professionals--Atlanta & Sarasota
for Progressive HR Consulting Firm
in FL, GA
Investigator, Pension (Senior Investigator)
for US Department of Labor, Employee Benefits Security Administration
in CA
Senior Account Executive
for Amalgamated Life Insurance
in NY
Senior Conversion Analyst
for Administaff
in TX
(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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- Employee Benefits Library
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