Health & Welfare Plans Newsletter |
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| September 15, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
International Foundation of Employee Benefit Plans (Advert.)
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[Guidance Overview]
Compliance with Mandatory Reporting Requirements Under Medicare, Medicaid and SCHIP Extension Act of 2007 (PDF)
Excerpt: "The Medicare, Medicaid and SCHIP Extension Act of 2007 ('MMSEA') took effect July 1, 2009. One of the purposes of MMSEA is to allow the federal government to recover payments made under Medicare when Medicare incorrectly acted as a primary payer or when a Medicare beneficiary receives payments from both an insurer and Medicare for the same injury. To that end, MMSEA requires group health plan arrangements ('GHPs' ) and liability insurers, no-fault insurers, workers' compensation insurers, and self-insurers (collectively, 'non-GHPs') to report any settlement, award, judgment, or other payment that they make involving a Medicare beneficiary to the Centers for Medicare and Medicaid Services ('CMS'), the federal agency within the U.S. Department of Health and Human Services that is responsible for administering Medicare." (Porter Wright Morris & Arthur LLP)
[Guidance Overview]
Boeing Change to Retiree Health Benefits Gets Court Approval
Excerpt: "The U.S. District Court for the Northern District of Illinois has found that Boeing Co. did not violate the Employee Retirement Income Security Act (ERISA) or the Labor Management Relations Act (LMRA) when it presented changes to retirees' health benefits in a 2006 collective bargaining agreement (CBA). The court rejected the UAW's argument that benefits as set out in previous CBAs were vested and could not be changed. According to the opinion, previous CBAs stated the benefits would be provided 'for the duration of the Agreement.'" (PLANSPONSOR.com; free registration required)
[Guidance Overview]
Ninth Circuit Holds That ERISA Does Not Preempt Hospital's State Law Claims
Excerpt: "In Marin General Hospital v. Modesto, the Ninth Circuit had to determine whether the Hospital's state-law claims are completely preempted under § 502(a)(1)(B) of ERISA, 29 U.S.C. § 1132(a)(1)(B), and thus whether the case was properly removed from state to federal court." (Roy Harmon III via Health Plan Law)
[Guidance Overview]
Overview of Final HHS Privacy Breach Notification Regulations Under HIPAA
9 pages. (Gallagher Benefit Services, Inc.)
[Guidance Overview]
Overview of Final IRS Regulations on 'Comparability' Rules for Health Savings Accounts
Excerpt: "The IRS issued final regulations on 'comparable contributions' to health savings accounts that are effective for contributions made on or after January 1, 2010. Adopting the proposed regulations without substantive revision, the final rule allows employer contributions for non-highly compensated employees that are larger than those for highly compensated employees; allows the employer to make the maximum contribution on behalf of mid-year eligible individuals; and prescribes the manner for reporting and paying excise taxes for the failure to make comparable contributions." (Deloitte via BenefitsLink.com)
[Guidance Overview]
New HITECH Changes to HIPAA Require Action by Group Health Plans: September 23, 2009 Effective Date
Excerpt: "The Health Information Technology for Economic and Clinical Health Act ('HITECH'), a part of the American Recovery and Reinvestment Act of 2009, imposes a new duty on covered entities (including group health plans) to notify affected individuals and, in some cases, the media and the Department of Health and Human Services ('HHS'), of a breach of unsecured protected health information ('PHI'). As required by HITECH, HHS issued regulations on August 24, 2009 providing more detail regarding this new duty. The regulations are effective September 23, 2009 but, as noted . . ., HHS will not impose sanctions for breaches discovered during the 180-day period beginning on the issue date." (Sonnenschein Nath & Rosenthal LLP)
[Guidance Overview]
TPA's Fiduciary Liability Was Properly Limited to Amount of Health Plan Assets Over Which It Exercised Control
Excerpt: "EBIA Comment: The ERISA definition of fiduciary contains a key limitation: A person is a 'fiduciary' with respect to a plan 'to the extent' that he or she has or exercises certain types of authority or control, including exercising any authority or control over plan assets. The Sixth Circuit's focus on this 'to the extent' phrase is a reminder that fiduciary status is generally not an all-or-nothing concept, but is a functional test that requires a determination of whether a person is a fiduciary regarding the particular activities in question. Here, the TPA had fiduciary liability under ERISA, but only to the extent that it had exercised control over plan assets when its TPA contract ended." (Employee Benefits Institute of America)
[Guidance Overview]
No Small-Employer Exception Where Lack of Time Records Prevents Counting Commission-Only Employees as Part-Time
Excerpt: "EBIA Comment: When an employee is not paid by the hour and doesn't keep time records, an employer may have difficulty convincing a court to count the employee as a part-time employee for purposes of the full-time equivalency method. In this case, the court was not satisfied with a formula the employer created solely for the purpose of satisfying the IRS's COBRA regulations. In other cases, however, an employer might be successful using generally recognized hourly equivalency formulas -- for example, a mileage-to-hours formula for truck drivers authorized under a State prevailing wage law." (Employee Benefits Institute of America)
Employer Health Benefits 2009 Annual Survey
Excerpt: "This annual survey of employers provides a detailed look at trends in employer-sponsored health coverage, including premiums, employee contributions, cost-sharing provisions, and other relevant information. The survey continued to document the prevalence of high-deductible health plans associated with a savings option and included new questions on health risk assessments. The 2009 survey included 3,188 randomly selected public and private firms with three or more employees (2,054 of which responded to the full survey and 1,134 of which responded to an additional question about offering coverage). [The target page links to various parts of the survey and to the Health Affairs article titled: Job-Based Health Insurance: Costs Climb at a Moderate Pace.]" (Kaiser Family Foundation)
Workers Face Higher Costs for Employer-Sponsored Insurance
Excerpt: "Employers struggling with the steady rise of health insurance costs - which in 2009 increased 5 percent to an average of $13,375 for family coverage -- are passing on more of the expense to their workers through higher deductibles and co-payments, according to survey released today. The average deductible for an individual in a preferred provider organization, the most common type of health plan, rose to $634 this year from $560 last year, the survey by the Kaiser Family Foundation and the Health Research & Educational Trust found." (Kaiser Family Foundation)
Unum Group Officials May Be Seeing Healthier Employees Because of Its On-Site Fitness Center
Excerpt: "Providing a place where employees can pump iron, take a Zumba dance class or just spin on a stationary bike is a way some companies are helping meet employee wellness needs. Open 24 hours a day, Unum's 3,000-square-foot center in downtown Chattanooga is similar to ones offered at the insurer's other major offices, said Michael Booth, the company's health programs manager. 'We definitely see good positive returns for those folks using the facilities,' he said." (Chattanooga Times Free Press)
[Opinion]
Healthy San Francisco Program Rated High by Participants, According to Survey
Excerpt: "At least two thoughts here: 1. The success of this pay or play program can act as a successful model for how an employer mandate can work for the provision of health care to the greater populations, and 2. Although the initial signs are good, there are still barriers as far as explaining the program to participants and these challenges remind me of those being fought on the pension side of the ledger. The San Francisco program is not out of the woods. There is still a possibility will be found preempted under ERISA." (Workplace Prof Blog)
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
Are You Maximizing the ROI in Your Executive Retirement Plans?Excerpt: "As employers look to cut costs and optimize investments, executive retirement programs merit close review. By examining these programs with the same lens used for other investments, companies can better meet stakeholder expectations, improve alignment with business needs and maximize the return on investment (ROI). This Perspective outlines how to increase the ROI of executive retirement programs by ensuring plan terms and benefits support market positioning and retention goals, optimizing financing efficiency, and eliminating disconnects between perceived value and employer cost." (Mercer LLC)
Webcasts and Conferences
No-cost Webinar: Reducing Ongoing Benefits Administration Costs for New Hires, Qualifying Events, and Open EnrollmentNationwide on September 17, 2009
presented by Benefit Software Inc.
No-cost Webinar: Total Rewards - The Key To Successful Benefits Communication
Nationwide on September 17, 2009
presented by Benefit Software Inc.
Obama Administration Announces "Retirement Security for American Families" Webcast
Nationwide on September 17, 2009
presented by Convergent Retirement Plan Solutions, LLC
Obama Administration Retirement and Savings Initiatives: New Opportunities to Grow Your Retirement Business–Today!
in Minnesota on October 1, 2009
presented by Integrated Retirement Initiatives, LLC
Obama Administration Retirement and Savings Initiatives: New Opportunities to Grow Your Retirement Business–Today!
in Minnesota on October 14, 2009
presented by Integrated Retirement Initiatives, LLC
(Click to post your webcast or conference)
Press Releases
Retirement Plan Money Launderer SentencedU.S. Department of Labor, Employee Benefits Security Administration (EBSA)
SPARK Institute Recommends Simple Universal 401(k) Plan For Small Employers To ERISA Advisory Council
The SPARK Institute
(Click to post your press release)
Employee Benefits Jobs
Pension Administratorfor Jordan & Associates
in CA
Plan Analyst and Enrollment/Communications Specialist
for Pension Specialists, Inc.
in CA
Employee Benefits/Executive Compensation Associate Attorney
for Phelps Dunbar LLP (New Orleans, LA)
in LA
Benefits Manager
for SiriusXM Satellite Radio
in DC
Trust/Pension Administrator
for Associated Pension Consultants
in CA
Director of Solution Marketing
for SunGard
in AL, IL
Senior Plan Consultant
for BPAS
in NY
DC/401(k) Administrator
for TPA in Orange County
in CA
(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! |
Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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