Health & Welfare Plans Newsletter |
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| August 28, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
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[Guidance Overview]
Final Regulations on HITECH Security Breach Notification for HIPAA Protected Health Information (PDF)
2 pages. Excerpt: "The regulations clarify a number of key issues: Use or Disclosure Must Violate Privacy Rule . . . Risk of Harm Threshold . . . Concrete Examples of Breach Exceptions . . . Flexibility In Dealing with Business Associates . . . Technology Guidance Does Not Amend Security Rule . . . Privacy Rule's Administrative Requirements Apply."" (The Segal Group, Inc.)
[Guidance Overview]
Guidance Clarifying Application of Fair Share Contribution Requirement under Massachusetts Health Care Reform Act
Excerpt: "The proposed rules leave much of the current FSC testing structure intact. They do, however, make some important clarifications relating to the employer's burden of proof. While DHCFP did not explain its reasons for making these changes, the changes appear to respond to two particular positions that the DUA is taking on audit -- positions which, in our view at least, appear to lack support. In addition, for the first time the proposed rules expressly recognize that a group health plan may consist of a premium reimbursement arrangement. This client advisory explains the key features of the DHCFP's proposed rules and their likely consequences if adopted." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
[Guidance Overview]
Sixth Circuit Absolves TPA of ERISA Fiduciary Duty to Warn
Excerpt: "This recent Sixth Circuit opinion addresses the important issue of claims administrator responsibility for unpaid health plan benefits. This opinion, which we may refer to as Briscoe II, follows upon a remand from a prior appeal in which the Briscoe I court held that the claims administrator was a functional fiduciary to the extent it managed plan assets." (Roy Harmon III via Health Plan Law)
Seven Ways to Contain Business Health-Care Costs
Excerpt: "To help soften the blow of a health care price hike, small businesses should weigh their potential cost saving strategies today. For companies with a Jan. 1 renewal date, the rest of the year is prime time for negotiation, says Joan Smyth, a principal at Mercer, a health and benefits consultancy in New York. 'We are in the thick of it,' she says. 'At every renewal, the employer considers plan changes to mitigate the renewal increase.' On that note, here are seven strategies to contain health-care costs . . . ." (The Wall Street Journal)
Don't Tread on My FSA, Advocacy Group Warns
Excerpt: "The Employers Council on Flexible Compensation (ECFC), a non-profit organization dedicated to the maintenance and expansion of private employee benefit programs on a tax-advantaged basis, has formed a national grassroots advocacy organization called Save Flexible Spending Plans 'to protect against the elimination of flexible spending accounts as an option to help fund a small portion of the costs for health care reform efforts.'" (Wolters Kluwer)
Big Employers Take Stand in Health Care Debate
Excerpt: "[T]aking a public stance on such a hot-button topic as health care reform carries significant risks, especially if customers, employees or business groups disagree with a company's views. Some have found it safer to stay on the sidelines. . . . While companies ranging from Starbucks to Safeway have advocated for health care reform, their views on what a final plan should look like vary widely. Wal-Mart, the nation's largest private employer, has thrown its support behind an employer mandate, which would require more employers to provide health care coverage. Some business groups, such as the U.S. Chamber of Commerce, oppose such a mandate." (MSNBC.com)
EmployeeBenefitsJobs.com (Advert.)
EmployeeBenefitsJobs.com is where the best employers find the best candidates!
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Oregon Law Requires Workplace Religious Accommodations
Excerpt: "In July, Oregon Governor Ted Kulongoski signed into law the Oregon Workplace Religious Freedom Act, according to news reports. Oregon Senate Bill 786 requires employers to allow an employee to use vacation leave, or other leave available to the employee, for the purpose of allowing the employee to engage in the religious observance or practices of the employee. In addition, the bill says employers cannot impose an occupational requirement that restricts the ability of an employee to wear religious clothing, to take time off for a holy day or to take time off to participate in a religious observance or practice." (PLANSPONSOR.com; free registration required)
National Compensation Survey: Occupational Earnings in the United States, 2008
Excerpt: "This bulletin presents estimates of occupational pay for the Nation. . . . The estimates include pay for workers in major sectors within the U.S. economy in 2008 - the civilian, private, and State and local government sectors - and by various occupational and establishment characteristics. The civilian sector, by NCS definition, excludes Federal government, agricultural, and household workers." (U.S. Bureau of Labor Statistics)
U.S. Senate Bill Bans Workplace Gender Identity and Se.xual Orientation Discrimination
Excerpt: "A proposed U.S. Senate bill would bar employment discrimination based on se.xual orientation or gender identity. A news release from Senator Jeff Merkley (D-Oregon) said the Employment Non-Discrimination Act (ENDA) said the measure would prohibit employers, employment agencies, labor organizations and joint labor-management committees from firing, refusing to hire, or otherwise discriminating against those employed or seeking employment, on the basis of their perceived or actual se.xual orientation or gender identity. Such protections are already in place prohibiting discrimination based on race, religion, gender, national origin, age, and disability. 'There is no place in the workplace for employment discrimination,' said Merkley, in the statement. 'No worker in America should be fired or denied a job based on who they are. Discrimination is wrong, period.'" (PLANSPONSOR.com; free registration required)
Webcasts and Conferences
147th Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plansin District of Columbia on September 15, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Don't Do That With Your ESOP
Nationwide on September 15, 2009
presented by National Center for Employee Ownership
Voluntary Fiduciary Correction Program Workshop
in New Jersey on September 24, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
(Click to post your webcast or conference)
Press Releases
Prescription Solutions Modernizes Consumer Website With New Content And ToolsPrescription Solutions
Benefit Informatics Introduces Plan Experience Summary
Benefit Informatics
(Click to post your press release)
Employee Benefits Jobs
Benefits Consultantfor Northwestern Benefit Corporation of Georgia
in GA
Retirement Plan Service Specialist
for Retirement Alliance, Inc.
in NH
Trust Administrator - Employee Benefits
for Old Point Trust
in VA
Senior Financial Controls Associate
for Milliman
in TX
Client Services Associate
for Milliman
in TX
(Click to post your job opening | View all jobs |
RSS feed of all jobs )
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
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