Health & Welfare Plans Newsletter |
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| September 17, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
Employee Benefits Institute of America (EBIA) (Advert.)
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[Guidance Overview]
The Employer's Guide to the Legal and Workplace Implications of a Swine Flu Outbreak (PDF)
6 pages. Excerpt: "There are several employment and other laws which may be directly involved with this disease and must be considered by employers. [The article reviews each such law and offers recommendations for steps the employer could take to preplan for such a hazard.]" (Seyfarth Shaw LLP)
[Guidance Overview]
File Review of Medical Evidence After Metlife v. Glenn - A New Preference for Treating Physician Opinions?
Excerpt: "The Ninth Circuit has aligned itself with the Sixth Circuit in its skepticism of file review of disability claim denials. Montour v. Hartford offers a checklist of factors for critical evaluation in judicial review of claims decisions by conflicted fiduciaries including a careful look at the decision to prefer the opinion of file reviewers over examining physicians." (Roy Harmon III via Health Plan Law)
Preliminary Analysis of Specifications for the Chairman's Mark of the America's Healthy Future Act (PDF)
Excerpt: "Among other things, the Chairman's proposal would establish a mandate for most legal residents of the United States to obtain health insurance; set up insurance 'exchanges' through which certain individuals and families could receive federal subsidies to substantially reduce the cost of purchasing that coverage; significantly expand eligibility for Medicaid; substantially reduce the growth of Medicare's payment rates for most services (relative to the growth rates projected under current law); impose an excise tax on insurance plans with relatively high premiums; and make various other changes to the Medicaid and Medicare programs and the federal tax code." (U.S. Congressional Budget Office)
U.S. Employers Will Defray Health Reform Costs, According to Study
Excerpt: "If U.S. health reform efforts lead to higher costs for employers, employees may end up bearing the brunt, according to a new survey. Employers will not absorb higher costs, choosing instead either to reduce benefits, lower salaries or cut jobs, the survey from professional services firm Towers Perrin said on Thursday. Eighty-seven percent of employers said they were very likely or likely to cut benefits if reform leads to higher costs. Only 11 percent said they would accept lower profits." (The New York Times; free registration required)
With New Authority, HHS Office for Civil Rights Vows 'Vigorous Enforcement' of HIPAA Security as Well As Privacy
Excerpt: "Covered entities, as well as business associates, should expect stepped-up federal enforcement of both the privacy and security rules now that the HHS Office for Civil Rights was granted authority for investigating alleged violations of the HIPAA security rule, complementing its role as the enforcer of the privacy rule. Since 2005, the security rule had been enforced by the Centers for Medicare and Medicaid Services, while privacy was OCR's job. That changed on August 4 when incoming HHS Secretary Katherine Sebelius re-delegated that authority to OCR." (AISHealth.com)
Average Family Health Insurance Policy Is Now $13,375, Up 5% from 2008
Excerpt: "The new numbers underscore warnings by President Obama about the growing cost of health insurance and were embraced by Democratic lawmakers who are pushing for legislation to change the nation's health care system. 'The trends are crushing millions of businesses and American families,' Senate Majority Leader Harry Reid of Nevada said. The annual survey of more than 2,000 companies also found that 40% of small-business employees enrolled in individual health plans pay annual deductibles of $1,000 or more. That's almost twice the number who paid that much in 2007." (USA TODAY)
BenefitsLink Vendor Directory (Advert.)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]IRS Launching Employment Taxes Audit: 6,000 Employers Will Be Receiving Notices Shortly
Excerpt: "Recommendations for Employers[:] Immediately update mail processing procedures to monitor for audit notice. Designate an 'Employment Taxes Czar' with suitable support to review current employer compliance, manage audits and make recommendations for adjustments. Engage the assistance of outside expertise as early in the process as possible. Proactively review current employment taxes (state and federal) procedures/practices. Defer scheduling any IRS (or other) employment taxes audit appointment until an internal analysis can be conducted and necessary records reviewed and organized." (Littler Mendelson)
[Guidance Overview]
Denmark Opinion Influences Narrow Post-Glenn Discovery in Judicial Review
Excerpt: "Denmark v. Liberty Life, No. 05-2877 (1st Cir.) (May 6, 2009) casts a long shadow over post-Glenn discovery efforts in the First Circuit as this recent district court opinion illustrates. . . . The Court states that a 'very good reason' must be shown by the plaintiff for allowing discovery. This hurdle is described as a 'threshold showing' that: the denial of benefits was improperly influenced by the administrator's [structural] conflict of interest.' This requirement may be viewed as circular since, without discovery, there is some doubt that the showing can be met." (Roy Harmon III via Health Plan Law)
Executive Pay Reform Poses Complex Risks for Compensation Committees (PDF)
11 pages. Excerpt: "[The White Paper] explores issues facing compensation committees under the proposed Corporate and Financial Institutional Fairness Act of 2009 (the Act) and other reforms." (Pillsbury Winthrop Shaw Pittman LLP)
Employers Cut Costs for Ex-Pat Programs
Excerpt: "International employers continue sending workers for overseas assignments, but in a less expensive way, according to a new study. A KPMG LLP news release about its latest study about overseas assignments found that among the cost-saving measures taken were short-term assignments (STAs) (79%) and permanent transfers (45%), in place of long-term or standard assignments." (PLANSPONSOR.com; free registration required)
[Opinion]
A Modest Proposal to End Those Outlandish Bonuses at Financial Institutions
Excerpt: "The financial system might well work better if most pay at financial institutions came in the form of fixed salary, not sharply varying bonuses. Bankers' pay might be too high or too low -- that is another question -- but the mix between fixed and variable looks oddly skewed in favor of the variable. Many bankers accept that their remuneration practices -- bonuses often being a big multiple of base salaries -- are anomalous in modern economies. When employees of large companies get bonuses, they are typically relatively small: 10 percent to 40 percent of base pay. But bankers think their business is different, for three reasons. Actually, they are more like three myths." (The New York Times; free registration required)
Press Releases
U.S. Labor Department Proposes Exemption To Allow New Health Plan For General Motors Retirees To Acquire Company SecuritiesU.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Senate Finance Committee Measure Shows Promise As A Starting Point For Bipartisan Health Reform
American Benefits Council
Milliman Report Addresses the Potential Impact of Height and Weight on Medical Costs
Milliman USA
Milliman Analysis Indicates Fourth Straight Month of Pension Funding Declines
Milliman USA
Schiff Hardin LLP Welcomes Former Assistant Secretary of Labor Bradford P. Campbell as Of Counsel in the Washington, D.C. Office
Schiff Hardin LLP
(Click to post your press release)
Employee Benefits Jobs
Account Executivefor Diversified Investment Advisors, Inc.
in TX
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EmployeeBenefitsJobs.com (Sponsor)
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Handy Links:
- View Today's Active Message Threads
- Using the Web for Employee Benefits Research (hypertext article)
- Employee Benefits Library
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