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Health & Welfare Plans Newsletter

March 1, 2010

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HIPAA covered entities, including health plans, health care clearinghouses, and covered health care providers, must comply with the HIPAA Security Rule effective February 17, 2010. This regulation also requires compliance from business associates. If you are responsible for your HIPAA Security Policy and Procedural Manual, this course is essential.

[Guidance Overview]
About the DOL Model Notice for New CHIP Disclosure Requirement
Excerpt: "Group health plans providing benefits in states that sponsor CHIP premium assistance programs must provide the new notice to employees by the later of: (1) May 1, 2010, or (2) the first day of the next plan year starting after February 4, 2010. Thus: If a plan's next plan year begins after February 4, 2010 and before May 1, 2010, the CHIP notice must be provided by May 1, 2010. For all other plans, including calendar year plans, the notice must be provided by the first day of the next plan year. In future plan years, the CHIP notice must be provided at least annually."
(McGuireWoods LLP)

Assessing Leave Donation Programs
Excerpt: "Leave-donation programs -- which allow workers to donate paid leave to coworkers -- had been rising steadily until last year. Employers that offer them tend to employ large numbers of working mothers. One expert says more companies than ever are looking into them."
(Human Resource Executive Online)

Why Pay For Health Insurance When You Can Steal It?
Excerpt: "Patients using someone else's name, Social Security number or insurance card to get health care could risk their victim's health if inaccurate information, such as blood type and medications, is recorded on the victim's chart."
(National Public Radio)

DOL Proposed Reg Defining 'Welfare Plan' Would Create ERISA Preemption Carveout for Pay-or-Play Healthcare Laws
Excerpt: "With the U.S. Supreme Court yet to decide the fate of the San Francisco pay or play law, DOL is in the process of issuing a proposed regulation that would seek to exempt such laws from ERISA preemption."
(HR Policy Association)

California Supreme Court Rules That Uncapped Sick Leave Policies Are Not Covered By California's 'Kin Care' Law
Excerpt: "The California Supreme Court has issued a significant ruling on the scope of California's 'kin care' law, Labor Code § 233, which entitles employees in certain circumstances to use paid sick leave to care for ill family members. The Court held that when an employer's sick leave policy does not provide a measurable, banked number of paid sick days in a calendar year, the kin care law does not apply."
(Paul Hastings)

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Executive Compensation; Benefits in General

Government Mulls Contractor Rules on Wages, Benefits
Excerpt: "Wages and benefits offered by a company could influence whether it is chosen to do work for the federal government under new rules being considered by the Obama administration."
(Workforce Management)

Webcasts and Conferences

"403(b): The Burning Questions" Web Seminar
Nationwide on March 17, 2010
presented by SunGard Relius

COBRA Workshop
in Washington on March 24, 2010
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Frozen Plan Solution - A.I.M. to Exit Webcast
Nationwide on March 2, 2010
presented by Mercer

HIPAA Workshop
in Washington on March 25, 2010
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Making the Most of the New 409A Correction Procedures - Webinar
Nationwide on March 24, 2010
presented by Seyfarth Shaw LLP

New Mental Health Parity Rules: What They Mean to Your Organization Webcast
Nationwide on March 25, 2010
presented by International Foundation of Employee Benefit Plans

U.S. Health Spending Trends: 2009 through 2019 Webcast
Nationwide on March 17, 2010
presented by Society of Actuaries

Press Releases

BAN Smart Partners Meet In San Diego
Benefit Advisors Network

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