Health & Welfare Plans Newsletter |
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| November 4, 2009 \ Compliance \ Costs \ Administration \ Design \ Policy | ||
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[Guidance Overview]
GINA Interim Final Regulations Issued; Wellness Programs Impacted (PDF)
Excerpt: "The interim regulations are effective for plan years beginning on or after December 7, 2009 (i.e., a group health plan with a calendar year will need to comply with these interim regulations beginning January 1, 2010). Employers will need to quickly evaluate how these new interim regulations will impact their wellness programs -- particularly the design and use of health risk assessments." (Trucker Huss)
[Guidance Overview]
A Primer On Venue Choice In ERISA Claim Disputes
Excerpt: "This district court opinion features an ample discussion of an important preliminary issue that is often taken for granted -- choice of venue. One of the advantages of modern medical advances has been the proliferation of centers of excellence for various diseases. On the other hand, access to these facilities often requires travel. What factors should a court take into account in determining proper venue in a dispute over benefit payment? The Court in Schoonmaker reviews this question in considerable detail." (Health Plan Law blog by Attorney Roy Harmon III)
[Guidance Overview]
Employer Health Risk Assessments & Wellness Programs -- Still Viable?
Excerpt: "The last few months have seen significant inroads into the ability of employers to provide incentives for employees to complete health risk assessments. The recent GINA regulations make clear that rewards (e.g., financial incentives, benefit eligibility) cannot be given for providing 'genetic information' (e.g., family medical history). And EEOC informal discussion letters advise that health risk assessments cannot be a precondition to participation in the employer's group health plans." (Deloitte)
COBRA Expansion Bills Introduced
Excerpt: "After months of speculation and murmurings in Washington, D.C., two bills were introduced in the House in late October to expand the COBRA subsidy program created by the American Recovery and Reinvestment Act of 2009 (ARRA). The more expansive of the two bills is HR 3930. The bill has four major provisions: . . . ." (Infinisource)
State Legislation Opposing Certain Health Reforms, 2009-2010
Excerpt: "States have an extensive and complicated shared power relationship with the federal government in regulating various aspects of the health insurance market and in enacting health reforms. As part of state-based responses to federal health reform legislation, members of at least 11 state legislatures are using the legislative process to seek to limit, alter or oppose selected federal actions, including single-payer provisions and mandates that would require purchase of insurance. Based on actions initially in Arizona, several states propose or may propose state constitutional amendments, using language such as . . . ." (National Conference of State Legislatures)
House Healthcare Reform Bill Would Create New Federal Program to Pay for Long-Term Care
Excerpt: "The long-term care program is in the House bill. But it is not yet clear if it will be in the Senate bill being shaped by Majority Leader Harry Reid of Nevada." (Wall Street Journal)
Insurance Discounts for Healthy Habits Spur Debate in Washington
Excerpt: "Safeway says it's a smart incentive: charging lower premiums for people who lose weight, quit smoking or start exercising. Some medical groups say it's a new way to exclude pre-existing conditions." (Los Angeles Times)
Insurers and Industry Critics Use Charges of Gender Bias to Call for Healthcare Reforms
Excerpt: "Charging that some insurers deny coverage to women who are victims of domestic violence, some health insurance industry critics contend that such gender discrimination is a primary reason why lawmakers should pass federal health reform legislation. Regulators and insurers, however, assert that domestic violence is not an issue in underwriting or enrolling individual members, but they do concede that women of childbearing age are charged higher rates and face exclusions and riders for maternity care." (AISHealth.com)
These 5 Healthcare Culprits Cost $1 Trillion
Excerpt: "CNNMoney.com spoke to health care experts about hidden health culprits that are adding billions of dollars to our medical bills. We love salt. . . . We love sugar. . . . Dangers of alcohol. . . . Smoking. . . . Pollution." (CNNMoney.com)
Employers Drop, Shift Contributions to Consumer-Directed Health Plans
Excerpt: "[E]mployees with family coverage in a CDHP saw their employer contributions rise this year. The percentage of workers with CDHP family coverage receiving an employer contribution of at least $1,000 stood at 79% in 2009, up from 59% in 2008. The share of the adult population enrolled in account-based health plans remains small and growing slowly, the survey confirmed. In 2009, 4% of adults with health insurance were enrolled in an HRA or had a high-deductible plan with an HSA . . . ." (Employee Benefit Adviser; free registration required)
[Opinion]
Medical Tourism: Outsourcing Your Health
Excerpt: "Pitching lower costs, 'international hospitals' are trying to make inroads into the U.S. healthcare system. But are they just a remedy for insurance companies?" (Los Angeles Times via Consumer Watchdog)
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Links to Items on Executive Comp, Benefits in General
[Guidance Overview]Be Careful With Severance Plans; ERISA Reporting and Disclosure Rules Can Apply
Excerpt: "While most employers are well aware of ERISA's application to retirement plans and group health plans, many are surprised to learn that some severance arrangements are considered 'welfare pans' under ERISA and, are therefore, subject to ERISA's reporting and disclosure requirements, as well as the rules for processing and determining claims. Because not every severance arrangement is covered by ERISA, many employers overlook its potential application when they are implementing or designing a severance plan." (Fisher & Phillips)
[Guidance Overview]
New Guidance on 2009 Form 5500 Schedule C Compensation Reporting
Excerpt: "The recent Supplemental FAQs elaborate on . . . 2009 transitional relief and make clear that the DOL will not impose penalties or reject the Form 5500 filing if, in addition to providing the statement, the service provider supplies to the plan administrator the compensation information it was able to collect. DOL also expects the plan administrator to discuss with such service providers the steps they are taking to be able to provide the necessary information in the future." (Deloitte)
[Guidance Overview]
Section 409A Errors That Can Still Be Corrected by December 31, 2009
Excerpt: "Although December 31, 2008, was the official deadline for bringing all deferred compensation plans and agreements into compliance with the new IRS regulations under Code §409A, there are still several steps an employer can take by the end of 2009 to correct, or at least mitigate the effect, of failures to comply with §409A." (Seyfarth Shaw)
Executive Pensions Reportedly Soar as Companies' Value Plummets
Excerpt: "Massive executive-pension growth was driven in part by generous pension formulas and little-scrutinized arcane techniques, the Wall Street Journal reported Tuesday." (Fox News)
Will Rising Required Benefit Plan Contributions Encourage Collapse of the Municipal Bond Market?
Excerpt: "[In a report entitled 'Dark Vision: The Coming Collapse of the Municipal Bond Market', Frederick J. Sheehan] notes that 'spending is rising and revenue is collapsing' for all levels of government. Pension fund losses will require governments to double their contributions to pension plans . . . ." (Phillip Greenspun)
U.S., Massachusetts Clash in Court Over Federal Benefits for Same-S.ex Couples
Excerpt: "The United States government and Massachusetts are clashing over the issue of extending federal benefits to married same-s.ex couples, with the Obama administration arguing that the government is not obligated to provide benefits to g.ay couples." (Berkshire Eagle)
Webcasts and Conferences
2010 NTSAA National Conferencein California on January 27, 2010
presented by National Tax Sheltered Accounts Association
EFAST2, The New DOL 5500 Filing System: Will You Be Ready For It?
in California on November 17, 2009
presented by Western Pension & Benefits Conference, San Diego Chapter
HIPAA and Other Health Benefits Laws: Compliance Assistance Seminar
in Colorado on April 21, 2010
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
HIPAA and Other Health Benefits Laws: Compliance Assistance Seminar
in Illinois on June 15, 2010
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
ICD-10 Web Summit: Issues for 2010
Nationwide on December 1, 2009
presented by MCOL
Latest Developments in the Public Pension Community Webcast
Nationwide on November 19, 2009
presented by International Foundation of Employee Benefit Plans
(Click to post your webcast or conference)
Press Releases
Hewitt Survey Shows Automation, Low-Cost Investment Options and Investment Advice Becoming Standard Features in 401(k) PlansHewitt Associates LLC
PBGC Expands Cooperation with the UK's Pensions Regulator and the Pension Protection Fund
Pension Benefit Guaranty Corporation (PBGC)
Employers Can’t Afford Not to Have Health and Productivity Programs According to IBI Data Analysis
Integrated Benefits Institute
(Click to post your press release)
Employee Benefits Jobs
Senior Retirement Consultant / Relationship Managerfor Westminster Consulting
in CT, MA, ME, NH, NY, RI, VT
VP, Solution Architect
for Fidelity Investments
in KY
Benefit Specialist
for The NIA Group, LLC
in NJ
Pension Administrator
for Alliance Pension Consultants
in IL
(Click to post your job opening | View all jobs |
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EmployeeBenefitsJobs.com (Sponsor)
(Click on banner to learn more.)
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Handy Links:
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- Employee Benefits Library
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