[Guidance Overview] HHS's Interim Final Rule Conforming HIPAA Civil Money Penalties to HITECH Act Requirements Excerpt: "The new HIPAA civil money penalties scheme substantially increases the potential penalties for HIPAA violations occurring on or after February 18, 2009." (McDermott Will & Emery) [Guidance Overview] Enforcement of Equitable Liens by ERISA Benefit Plans: A Contrast in Available Remedies Excerpt: "Equitable liens offer avenues of relief to fiduciaries which are distinguishable from the remedy offered by a constructive trust. Read together with a recent federal district decision in a California case, Humana v. Powell provides a valuable overview of these distinctions in the context of a ERISA health plan subrogation dispute. These distinctions, while thought-provoking, may not entirely hold true in view of Sereboff's rejection of the 'parcel of equitable defenses' asserted in that case as [is pointed out in the target document]." (Roy Harmon III via Health Plan Law) Health Care Reform: Creating a Sustainable Health Care Marketplace (PDF) Excerpt: "Business Roundtable commissioned Hewitt to prepare this report to evaluate health care reform through the lens of the private sector and to project the likely effect of proposed legislative changes on employer health care costs. This report addresses four key questions: Of the reform initiatives currently being considered that intend to curb the rate of health care cost growth, which ones are likely to have a significant impact on the health care economy at large? What missing ingredients should be added to current proposals to enhance their potential to reduce future cost trends? What are the risks that could undermine the realization of these cost savings? What can be done longer-term to restructure the current health care delivery system in order to reduce annual health care cost trend to a sustainable rate, such as the overall rate of GDP growth (approximately 4% per year)?" (Business Roundtable) Health Care Companies Not Ready for HITECH Act Compliance, According to Survey Excerpt: "A new survey reveals most health care organizations are not properly prepared to deal with pending privacy and security compliance regulations required under the Health Information Technology for Economic and Clinical Health Act. More than 90 percent of health care companies are not ready to comply with the privacy and security provision of the Health Information Technology for Economic and Clinical Health Act, according to a survey conducted by the Ponemon Institute and sponsored by Crowe Horwath." (eWEEK.com) How Common Is Paid Sick Leave in the United States? (PDF) Excerpt: "Here are some details from the BLS: Nearly 90 percent of state and local government workers had access to paid sick leave, significantly greater than the approximately 60 percent of private-industry workers. Among civilian workers, 77 percent of full-time workers had access to paid sick leave, compared with 28 percent of part-time workers. Seventy-seven percent of civilian workers at firms with 100 or more employees had access to paid sick leave, compared with 53 percent of employees at firms with 1-99 employees." (Employee Benefit Research Institute) Senate Bill Would Boost, Extend Federal COBRA Subsidy Excerpt: "With hundreds of thousands of laid-off employees soon to lose a federal subsidy of their COBRA health insurance premiums, more lawmakers are introducing legislation to extend and increase the subsidy. Under bill, S. 2730, proposed by Sens. Sherrod Brown, D-Ohio, and Bob Casey, D-Pa., the nine-month subsidy would be extended by six months to 15 months, and the 65% federal premium subsidy would be raised to 75%. In addition, workers who lose their jobs through June 30, 2010, would be eligible for the subsidy. Under the current law, employees who lose their jobs after Dec. 31 will not be eligible for the subsidy." (Business Insurance) Research Shows Attaching a Debit Card to an HSA Is Key Driver of Enrollment Excerpt: "The debit card 'adoption and use continue to grow and grow rapidly,' says Jody Dietel, a compliance officer at WageWorks, a San Mateo, Calif.-based firm that administers flexible spending accounts, health savings accounts, health reimbursement arrangements and health care cards. 'The technology is increasing and improving rapidly. [The debit cards] continue to be a widely adopted and widely appreciated tool for consumers.'" (Employee Benefit News; free registration required) Interactive Side-By-Side Health Reform Comparison Tool of Major Proposals Excerpt: "The Foundation has updated its health reform resources to reflect provisions of the Affordable Health Care for America Act (HR 3962) as passed on Saturday by the U.S. House of Representatives." (Kaiser Family Foundation) [Opinion] House Health Reform Bill Has the Most Sensible Employer Mandate Excerpt: "All three of the leading health reform bills in Congress include some sort of employer mandate to either provide health insurance to employees or pay a fee. But since these employer requirements are vastly different in each bill, they will be effective to varying degrees at raising revenue and ensuring the stability and quality of coverage, arguably the two main objectives of any reform bill. The structure of the employer requirement will also help determine how efficiently it can be administered and enforced and what unintended labor market consequences may result. This piece examines each of these issues as they apply to each of the three competing health reform bills and finds that the Affordable Healthcare for America Act, which the House of Representatives approved November 7, is the most effective at raising revenue and encouraging employers to continue offering insurance thereby allowing people to keep the insurance they have. The House bill also minimizes administrative costs and labor market distortions." (Economic Policy Institute)
Links to Items on Executive Comp, Benefits in General[Guidance Overview]Executive Employment Agreements and Bonus Plans May Need to Amendment to Comply with Revenue Ruling 2008-13 (PDF) Excerpt: "Companies subject to the $1 million compensation deduction limitation that rely on the performance-based compensation exception should review all incentive compensation plans and any employment agreements or other arrangements that may result in the payment of at least $1 million to ensure compliance with Revenue Ruling 2008-13 before the start of the new performance period." (Bryan Cave LLP) Webcasts and ConferencesSelf-Auditing Your Retirement PlansNationwide on December 1, 2009 presented by Society for Human Resource Management (SHRM) (Click to post your webcast or conference) Press ReleasesCEO Stock Ownership Value Plunged in 2008, Watson Wyatt Study FindsWatson Wyatt PBGC Releases Annual Management Report For Fiscal Year 2009 Pension Benefit Guaranty Corporation (PBGC) Owner of Marietta, Ga., Insurance Agency Sentenced for Diverting 401(k) Assets U.S. Department of Labor, Employee Benefits Security Administration (EBSA) InFRE Certified Retirement Counselor(R) Accreditation Helps Consumers Protect Their Retirement Dollars International Foundation for Retirement Education (InFRE) CDM Retirement Consultants, Inc. & MG Advisory Services, LLC to Offer Co-fiduciary Services CDM Retirement Consultants, Inc. SunTrust Adds FDIC Insured Account to Its 401k Offering SunTrust Banks, Inc. Limeade Wellness Program Chosen to Serve Washington State Employees Limeade, Inc. Pittsburgh Retirement Consulting Firm Makes Name Change RetireRight Pittsburgh Natixis Global Associates Strengthens Presence in Retirement Marketplace Natixis Global Associates (Click to post your press release) Employee Benefits JobsPlan Compliance Specialistfor Lincoln Financial Group in IN Retirement Plan Specialist for Administration of Retirement Plans in KS (Click to post your job opening | View all jobs | RSS feed of all jobs )
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