Health & Welfare Plans Newsletter |
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| September 10, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
International Foundation of Employee Benefit Plans (Advert.)
What you need to know: New HHS Regs Webcast All plan sponsors and business associates must comply with the HHS interim regs announced on August 20. The new rules impact the safeguarding of health records under HIPAA and specifically address breach notification regulations. Learn what you need to do now with Thursday’s webcast, Final Regulations (and Penalties) Related to HIPAA Security Breaches. |
[Guidance Overview]
What Constitutes a Breach under the HIPAA HiTech Breach Notification Requirements (PDF)
Excerpt: "This advisory focuses on identifying a breach and whether possible exceptions apply. . . . Practice Pointer: Although business associates and covered entities have slightly different notice obligations, each must be able to identify 'breaches' in order to satisfy its respective notice obligations." (Alston & Bird LLP)
[Guidance Overview]
Terminated Smoker's Privacy and ERISA Claims Dismissed
Excerpt: "The ERISA and state privacy claims of a smoker fired for violating an employer's no-nicotine policy have no merit, a Massachusetts district court has ruled. Since the employer conditioned its job offer on a clean drug screening, the worker's positive nicotine test meant he never became an employee with ERISA rights as a health plan participant, the court found. In rejecting the state privacy claims, the court noted that the worker made no attempt to keep his smoking private. Unlike other states, Massachusetts does not bar employment bias based on lawful conduct outside of work." (Mercer LLC)
[Guidance Overview]
Sixth Circuit Ruling May Signal Prospects for Accelerating Limitations Period on Benefits Claims (PDF)
Pages 4- of 8 pages. Excerpt: "In Rice v. Jefferson Pilot Financial Ins. Co., 2009 WL 2581298 (6th Cir. Aug. 24, 2009), the Sixth Circuit concluded that plaintiff's long-term disability benefit claim was barred by the plan's three-year limitations period and that plaintiff's claim accrued, as the plan provided, when proof of loss was required to be provided." (Proskauer Rose LLP)
[Guidance Overview]
IRS Issues Final Rule on Comparable HSA Contributions
Excerpt: "The Internal Revenue Service (IRS) has issued final rules on comparable employer contributions to employee health savings accounts (HSAs) and filing excise taxes for contributions that exceed statutory guidelines. As in the proposed regulation issued in July 2008 (see IRS Proposes New Rules on Employer HSA Contributions), the final regulations address an exception to comparability rules for employer contributions and provide that employer contributions to the HSAs of non highly-compensated employees may be larger than employer contributions to the HSAs of highly-compensated employees with comparable coverage during a period. However, employer contributions to the HSAs of highly-compensated employees may not exceed employer contributions to the HSAs of non highly-compensated employees with comparable coverage during a period." (PLANSPONSOR.com; free registration required)
[Guidance Overview]
Updated Employers' Guide to the 2006 Massachusetts Health Care Reform Act, as of September 2, 2009
Excerpt: "This revision has been updated to include the following items: Amendments to the Massachusetts Health Connector 'Commonwealth Care' Plan Types; Addition by the Massachusetts Health Connector of the pilot 'small group' program under Commonwealth Choice; Massachusetts Division of Health Care Finance and Policy 2009 final Health Information Responsibility Disclosure (HIRD) form regulation (114.5 CMR 18.00); Massachusetts Division of Health Care Finance and Policy 2009 proposed amendments to the FSC testing rules . . . ." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
[Guidance Overview]
The H1N1 Virus: What Every Employer Needs to Know (PDF)
5 pages. Excerpt: "The World Health Organization raised the pandemic threat level for the H1N1 virus to level 6, the highest alert level. For employers, this potential outbreak raises a myriad of issues. In addition to business issues such as possible widespread employee absences, the potential pandemic implicates the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSHA), privacy laws and other employment-related laws. This Alert addresses some commonly asked questions." (Drinker Biddle Reath LLP)
[Guidance Overview]
Towers Perrin Monthly Health & Welfare Regulatory Round-Up, August 2009 (PDF)
Towers Perrin Monthly Health & Welfare Regulatory Round-Up, August 20095 pages. Excerpt: "The Monthly Regulatory Round-Up is a high-level summary of legal and regulatory developments that occurred during July 2009 that may be relevant to large employers. Developments are sorted according to federal legislative developments, federal regulatory guidance, other developments (e.g., significant litigation, studies, select state law developments)." (Towers Perrin)
Why So Many Workers in Small Businesses Lack Affordable Health Insurance, and How Health Care Reform Can Help
Excerpt: "[S]mall businesses are finding it increasingly difficult to provide their workers with comprehensive coverage. In 2007, only 25 percent of employees in small businesses had coverage through their own employers, compared with 74 percent of workers in large firms. Because there are few sources of affordable coverage outside the employer-based system, millions of employees in small businesses are uninsured or have inadequate health insurance. . . . Congressional health reform bills to reform the health system include provisions specifically aimed at helping small businesses and their employees gain access to affordable, comprehensive coverage." (The Commonwealth Fund)
Prefunding Other Post Employment Benefits in State and Local Governments: Options and Early Evidence
Excerpt: "This new issue brief takes a hard look at the options state and local governments are pursuing to reduce their unfunded liabilities for retiree health care. The brief cites examples of how governments are addressing their OPEB obligations . . . ." (Center for State and Local Government Excellence)
Pfizer Settles Largest Health Care Fraud Case in History
Excerpt: "Pfizer Inc. was already under a corporate integrity agreement (CIA) stemming from an earlier Department of Justice (DOJ) settlement when it allegedly broke civil and criminal laws, triggering the largest health fraud settlement in American history. Now the pharma.ceutical manufacturer will break another record, implementing what is believed to be the most extensive CIA ever imposed by the HHS Office of Inspector General (OIG)." (AISHealth.com)
Employers Defend Key Programs Against Health Care Bogeyman
Excerpt: "Employers want health care reform, but current proposals in Congress have left them feeling squeamish. There are, however, two provisions that employers and the medical professionals feel strongly about: establishing a Center for Comparative Effectiveness, where researchers would study how well various medical approaches work in treating a single ailment; and putting more emphasis on primary care through the creation of patient-centered medical homes, a type of primary care that emphasizes -- and pays doctors more for -- the management of preventive and chronic illnesses." (Workforce Management; free registration required)
Employee Cost-Shifting Seen As Last Bulwark Against Health Premium Tides
Excerpt: "Benefits advisory firms that survey employers and insurers yearly project overall claims costs will increase 9 percent to 12 percent in 2010, providing a base for insurers to make initial health insurance renewal offers. Employers can change what's covered and increase employee out-of-pocket costs to try to wrestle the premium increase back into more palatable territory. 'With wage increases below 3 percent, with inflation fairly level, most employers are going to seek health-care cost increases in the 3 to 7 percent range,' said Chris Goldsmith, Cleveland-based vice president with the Sibson Consulting division of Segal Co., one of the firms out with surveys. 'We're likely going to see more cost-shifting.'" (Business First of Columbus via bizjournals.com; free registration required)
New York City Business Groups Taking Stand on Paid Sick Days
Excerpt: "Opposition is slowly building among groups worried that a New York City Council bill requiring companies to provide employees with as many as nine paid sick days per year would place a burden on small businesses. Earlier this week, the Manhattan and Staten Island chambers of commerce sent an online survey to members to find out where they stand on the proposal, which would compel businesses with 10 or more employees to provide nine paid sick days, and those with fewer than 10 workers to give five. Fines would be levied at a rate of $1,000 per violation." (Workforce Management; free registration required)
Caterpillar's Pharmacy-Benefit Arrangement Seeks to Cut Out the Middleman to Gain Transparent Pricing
Excerpt: "Hal Rosenbluth, who, as president of Walgreens's health and wellness unit, may have an interest in buttering up finance chiefs, observes that CFOs have an 'innate' ability to find out the true cost of goods or services their companies are spending money on. Rosenbluth, whose company launched a direct pharmacy-benefit purchasing arrangement with Caterpillar last week, suggests that the current national focus on cutting health-care costs and the structural shift in workplace-based drug buying that the Caterpillar model features will push CFOs to start asking tough questions about waste in the current pharma.ceutical supply chain." (CFO.com)
EmployeeBenefitsJobs.com (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Your Employee Benefits and the FTC's New Red Flag Rules
Excerpt: "Are the employee benefits that your company offers subject to the new Red Flag Rules? Under new guidance issued by the FTC, the answer is probably not. But if your cafeteria plan includes a Flexible Spending Arrangement (FSA) benefit with a debit card, you may want to take some steps to ensure that the third party administrator issuing the debit card is in compliance with the Red Flag Rules by November 1, 2009. You may also want to take similar steps with the trustee of your 401(k) or other pension benefits." (Warner Norcross & Judd LLP)
[Guidance Overview]
Towers Perrin Monthly Regulatory Round-Up on Executive Compensation, August 2009 (PDF)
Towers Perrin Monthly Regulatory Round-Up on Executive Compensation, August 2009 2 pages. Excerpt: "The Monthly Regulatory Round-Up is a high-level summary of legal and regulatory developments that occurred during July 2009 that may be relevant to large employers. Developments are sorted according to federal legislative developments, federal regulatory guidance, other developments (e.g., significant litigation, studies, select state law developments)." (Towers Perrin)
IRS Request for Comments on Extension of Information Collection Concerning Form 5558
Excerpt: "The IRS is seeking comments on proposed and/or continuing collection of information concerning Form 5558, Application for Extension of Time to File Certain Employee Plan Returns. The form is used by employers to request an extension of time to file the employee plan annual information return/report (Form 5500 series) or the employee plan excise tax return (Form 5330). The data supplied on Form 5558 is used to determine if such extension of time is warranted." (Wolters Kluwer)
Employers Struggle with Communicating Benefits Cuts
Excerpt: "Salary freezes, salary cuts, shortened workweeks, halting 401(k) matches and layoffs are almost a daily event in many business sectors as employers navigate the tough economy. Employees are aware of the economic downturn, but experts say companies still should tread carefully when deciding how to communicate changes that usually mean less money in employees' pockets. Transparency, without the spin, is a best practice for companies that are scaling back, says Nicole Melton, a Philadelphia-based senior consultant and communication practice leader with Watson Wyatt Worldwide. 'We want [employers] to be straightforward and empathetic,' she says. 'Be candid.'" (Workforce Management; free registration required)
IRS Tax Relief to Victims of Severe Storms, Flooding, and Straight-Line Winds in Kentucky
Excerpt: "The IRS has announced tax relief for taxpayers who reside or have a business in the federal disaster area of Jefferson county in Kentucky affected by severe storms, flooding, and straight-line winds on August 4, 2009." (Wolters Kluwer)
Webcasts and Conferences
"EFAST2: The Future of Form 5500" in Cincinnatiin Ohio on October 6, 2009
presented by SunGard Relius
"EFAST2: The Future of Form 5500" in Seattle
in Washington on October 1, 2009
presented by SunGard Relius
"ERISA Workshop" in Seattle
in Washington on October 2, 2009
presented by SunGard Relius
"Plan Forms, Notices, and Amendments: Streamlined, Effective, and Timely" in Cincinnati
in Ohio on October 6, 2009
presented by SunGard Relius
"Plan Forms, Notices, and Amendments: Streamlined, Effective, and Timely" in Seattle
in Washington on October 1, 2009
presented by SunGard Relius
Analysis of HIPAA Privacy Breach Notification Regulations
Nationwide on September 2, 2009
presented by Gallagher Benefit Services, Inc.
Measuring the ROI of Health Risk Management Webcast
Nationwide on September 24, 2009
presented by International Foundation of Employee Benefit Plans
New HIPAA Breach Notification Rules: Get Ready for a Quick Effective Date
Nationwide on September 9, 2009
presented by EBIA / Thomson Reuters
(Click to post your webcast or conference)
Press Releases
PSCA Applauds New Retirement Plan GuidanceProfit Sharing/401(k) Council of America (PSCA)
National Save for Retirement Week Takes Place October 18-24
ICMA Retirement Corporation
Morningstar Launches Target-Date Fund Series Ratings and Research Reports
Morningstar, Inc.
Commonwealth Financial Network Selects Fiduciary360 to Train Fee-Only Financial Advisors
Fiduciary360 (fi360)
How State and Local Governments Are Funding Retiree Health Obligations
Center for State and Local Government Excellence
Search by Fund Manager, Record Keeper and Broker; Actuary Reports Available in Pensionanalytix.com
Pension Analytix Inc.
(Click to post your press release)
Employee Benefits Jobs
Relationship Managerfor Huntington National Bank
in IN, MI, OH
Pension Administrator
for Chambers Benefit Group
in NM
VP, Tax-Exempt Sales
for Prudential Financial
in CT
Retirement Plan Consultant
for The Retirement Advantage, Inc.
in GA
General Clerk/Receptionist
for Laborers' National Pension and Retirement Funds
in DC
Plan Administrator
for Independent Pension Consultants, Ltd.
in MN
(Click to post your job opening | View all jobs |
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EmployeeBenefitsJobs.com (Sponsor)
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| Where the best employers find the best candidates! |
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