Health & Welfare Plans Newsletter |
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| October 30, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
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[Guidance Overview]
FMLA Coverage for Military Families Expanded Yet Again
Excerpt: "While these changes to the FMLA's military leave provisions may only apply to a relatively small percentage of employees in your workforce, the new coverage provisions will require employers to modify - again - their FMLA policies to ensure full compliance with the law. Likewise, employers need to communicate these changes to management employees and other employees who are involved in administering FMLA leaves and handling other leaves or employee absence issues." (Troutman Sanders LLP)
[Guidance Overview]
Warning to Employers: If Your Health Risk Assessment Violates GINA, You May Have to Tell the IRS (and Pay Excise Taxes)
Excerpt: "[T]he new self-reporting requirement is particularly problematic at this time with respect to the recently issued guidance under GINA because a failure to comply with the new GINA regulations will cause the employer to have to self-report the violation and pay the excise tax. There is already an open question of whether a group health plan that collected genetic information (e.g., family histories) in a health risk assessment prior to the GINA rules becoming effective is violating GINA by providing a reward in 2010. The conservative answer is that providing a reward is a violation, although we are hopeful for transition guidance that says otherwise. Now, however, the transition issue is made more difficult by the self-reporting requirement. If providing a reward in 2010 is a violation of GINA, and if a group health plan provides the reward, the employer will have to self-report the violation and pay the excise tax. In addition, if it is determined that the employer knew of the new regulations and intentionally violated the regulations by providing a reward, the amount of the tax could be unlimited." (Jones Day)
New National Health Care Claims Database to Replace Flawed System
Excerpt: "New York state Attorney General Andrew Cuomo selected Syracuse University to lead a research effort that will create a new national health care claims database. The new entity will create an alternative to the one owned by Ingenix, which was the subject of an investigation and fines by his office. Cuomo has said that the flawed Ingenix database was improperly used by health insurers across the country to pay low out-of-network medical claims. Cuomo said he would use the fines collected -- about $100 million -- to create an alternate database." (Workforce Management; free registration required)
Medical Tourism: Update and Implications (PDF)
16 pages. Excerpt: "Medical tourism is an opportunity for patients to travel for medical care and take advantage of reduced costs and wait times. The industry may be categorized into three groups: Outbound: U.S. patients traveling to other countries for medical care; Inbound: Foreign patients traveling to the U.S. for medical care; Intrabound: U.S. patients traveling domestically for medical care. In the Deloitte Center for Health Solutions' 2008 report, . . . we reviewed the medical tourism industry and projected patient flow rates and financial implications over the next 10 years." (Deloitte Development LLC)
Democrats' Latest Health Reform Proposal Incudes Subsidies for Small Employers
Excerpt: "Employers with 100 or fewer employees could buy health insurance coverage from a new Health Insurance Exchange in 2013, as part of proposed health reform legislation unveiled Thursday by U.S House Speaker Nancy Pelosi (D-California) and other Democratic leaders. According to news reports and a Congressional summary of The Affordable Health Care for America Act (H.R. 3962), small businesses would be eligible for federal subsidies to help pay for workplace policies, while large firms would be required to cover their workers and most individuals would be required to carry insurance." (PLANSPONSOR.com; free registration required)
Health Insurance at Risk: Small Business Employees Risk Losing Coverage (PDF)
5 pages. Excerpt: "As a result of high health care costs, the percentage of firms offering health insurance coverage has declined. Between 2000 and 2009, the percentage of firms offering coverage fell from 69 to 60. Much of that drop occurred in the past year alone, from 63 to 60 percent. Small businesses in particular struggle under the current health care system. For firms employing less than 10 workers, the erosion in coverage is striking - from 57 percent offering coverage in 2000 to 46 percent offering coverage in 2009." (Healthreform.GOV)
Letter to the Honorable Charles B. Rangel: Preliminary Analysis of the Affordable Health Care for America Act (PDF)
27 pages. Excerpt: "According to CBO and JCT's assessment, enacting H.R. 3962 would result in a net reduction in federal budget deficits of $104 billion over the 2010-2019 period (see Table 1). In the subsequent decade, the collective effect of its provisions would probably be slight reductions in federal budget deficits. Those estimates are all subject to substantial uncertainty." (U.S. Congressional Budget Office)
Corporate Wellness Programs: Healthier Employees, Lower Costs
Excerpt: "Studies have shown the [Johnson & Johnson] program - called 'Live for Life' - has resulted in significant improvements in employee health as well as a reduction in company health care costs. Recently, Johnson & Johnson also launched a project to market corporate wellness administration to other companies. Dr. Fikry Isaac, executive director of global health services at Johnson & Johnson, runs the company's wellness program. He spoke recently with KHN's Jenny Gold about Johnson & Johnson's program and how corporate wellness could be incorporated into the current effort to overhaul the nation's health system. We edited the interview." (Kaiser Family Foundation)
City of Tallahassee, Florida, Adds Domestic Partner Benefits
Excerpt: "City officials in Florida's capital city have extended the city's employee benefit package to employees' domestic partners. The Tallahassee Democrat reported that the policy change provides employees' same- or opposite-sex domestic partners the same benefits currently available to married employees' spouses. The city's change will allow city employees to include their partners for health, dental, vision and other benefits coverage." (PLANSPONSOR.com; free registration required)
Debate Rages Over Health-Risk Age Bands
Excerpt: "A significant disparity in health insurance costs between young and old tied to risk-based ratings has crippled the individual and small group markets with generally fewer than 50 lives. It also is one of the least discussed issues of health care reform. . . . Small businesses are keeping a watchful eye on proposed age bands in hopes that any final legislation will level the playing field on underwriting restrictions so that they can better manage insurance risks relative to large companies. Big business is able to self-insure hefty claims and more easily spread underwriting risks in fully insured plans." (Employee Benefit News; free registration required)
Latest Health Reform Bill Rankles Business Leaders
Excerpt: "Employers quickly disavowed a revised health care reform bill introduced by Democrats on Thursday, October 29, standing with the health insurance industry in opposition to a publicly run health insurance plan popularly known as the public option. The House bill contains far less stringent requirements for employers than an earlier version introduced this summer. Still, business lobbyists say the new version remains the most onerous of the health care reform bills introduced so far. It contains the public option plan, more stringent employer mandates, changes to ERISA, and business penalties that would go toward paying for reform." (Workforce Management; free registration required)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Federal Reserve Proposed Supervisory Initiatives Over Compensation Practices at Banks (PDF)
5 pages. Excerpt: "Comments Requested: The FRB is seeking comments on whether the proposed guidance would impose undue burdens on, or have unintended consequences for, banking organizations and, particularly, regional and small organizations. It has been estimated that the proposed guidance, if adopted in final form, would apply to 3,002 small banking organizations (defined as banking organizations with $175 million or less in total assets). Comments are requested by November 27, 2009. Conclusion: In light of the FRB's proposed guidelines, all banking organizations, large and small, should start to take immediate steps to evaluate their incentive compensation arrangements and related risk management, control, and corporate governance processes and immediately address deficiencies." (Buck Consultants)
More 409A Relief Coming?
Excerpt: "A hot new rumor in the world of executive compensation professionals is that the IRS will be announcing a 'one last chance to fix your documents for 409A' program in the very near future (okay, so we tend to get excited by little things). IRS Senior Counsel Stephen Tackney made the announcement at an ABA meeting. Apparently the document correction program would function like the operation failure correction program in IRS Notice 2008-113. That is, plan sponsors would have to self-correct the errors and bear any costs associated with the correction. However, Mr. Tackney also suggested the plan sponsors must attach information about their corrections to their tax returns for the year and affected participants must attach the same information to their personal returns." (Michael Melbinger via Winston & Strawn LLP)
Webcasts and Conferences
Learn More About ftwilliam.com's New Administration SoftwareNationwide on November 12, 2009
presented by ftwilliam.com
New Age Marketing: What Worked In The Past Is No Longer Effective
in Illinois on October 6, 2010
presented by Center for Due Diligence
Q&A with the U.S. Department of Labor, LA Regional Office: Plan Audits and DOL National/Regional Objectives
in California on November 19, 2009
presented by Western Pension & Benefits Conference - Orange County Chapter
(Click to post your webcast or conference)
Press Releases
MassMutual Retirement Services Reports Highest Sales Month in HistoryMassMutual Retirement Services
House Health Care Reform Bill Will Require Substantial Changes To Earn Employer Support
American Benefits Council
Pension Rights Center Asks Senate HELP Committee to Provide Funding Relief for Companies that Continue Workers’ Pensions
Pension Rights Center
(Click to post your press release)
Employee Benefits Jobs
Retirement Plan Administratorfor Primary Consulting, Inc.
in ANY STATE
Business Development Associate
for Preferred Pension Planning Corporation
in NJ
Relationship Manager - Retirement Plans
for The Standard
in NJ, NY
Account Executive/Account Manager
for Ascensus
in PA
Account Manager
for Ascensus
in PA
(Click to post your job opening | View all jobs |
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