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February 28, 2011 Retirement Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
HIPAA Enforcement Sets Course Toward Much More Stringent Enforcement
"Covered entities will maximize their chances of success if their executive teams stress the importance of complying with HIPAA and other health care laws and regulations." (Faegre & Benson LLP)


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[Guidance Overview]
City of Columbus May Require Employees Returning from Sick Leave to Provide Doctor's Note
"While this case, Lee v. City of Columbus, 6th Cir. No. 09-3899, confirms an employer's ability to make inquiries about the reason for an employee's sick leave, employers must ensure that any such policies are applied consistently and uniformly." (Porter Wright Morris & Arthur LLP)

[Guidance Overview]
MEWA Subject to State Laws Because It Was Not Fully Insured
"If the MEWA is 'fully insured,' the ERISA Sec. 514(b)(6)(A) exemption would limit the application of state insurance laws to those laws pertaining to the maintenance of specified levels of contributions and reserves." (Wolters Kluwer)

[Guidance Overview]
Extension of Health Coverage to Adult Children May Result in Tax Consequences in Some States (PDF)
"State tax treatment currently is a 'moving target' as many legislatures in non-conforming states are considering whether to change state tax laws to conform to federal tax treatment." (Buck Consultants)

HHS to Dole Out Funds for Insurance Rate Reviews
"The funding is part of $250 mil.lion allotted by the federal health reform law for reviewing rate increases. HHS awarded $46 mil.lion to 45 states and the District of Columbia in August 2010 to help them improve their rate review functions." (California HealthCare Foundation)


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Wellness Incentives on the Rise
"Employees are more receptive to being rewarded -- either with cash or by lower premiums -- for participating in wellness initiatives, according to research. But overall culture change is necessary if HR leaders want healthy behaviors to continue long-term." (Human Resource Executive Online)

Regulators Move to Specify Coverage Under Health Law; Insurers Seek Flexibility.
"The next big issue for the federal health law as it moves toward implementation is how regulators will define so-called essential benefits -- the basic medical services that health plans must cover under the law." (The Wall Street Journal)

The Government Asks Working Moms How They Do Handle Nursing Issues
"[DOL issued] a widespread 'request for information' from employees, employers and breast-feeding advocates to share insight and personal stories about how they've managed to abide by the new law mandating break time for nursing mothers." (Time Inc.)

American Bar Association 2011 Midwinter Meeting Report Summary of 2010 FMLA Cases (PDF)
"The Table of Contents for this Report follows the current outline of the treatise on the Family and Medical Leave Act, which is jointly published by the American Bar Association and the Bureau of National Affairs." (American Bar Association)

[Opinion]
Two Different Realities About Workplace Flexibility
"Last week, Families and Work Institute released two reports for the Department of Labor's Women's Bureau and its cross-country National Dialogue on Workplace Flexibility. If ever day was really night and night was really day, it was in these two reports on different -- yet overlapping--segments of the U.S. economy." (TheHuffingtonPost.com, Inc.)

Benefits in General; Executive Compensation

[Guidance Overview]
Buyer of Top-Hat Plan Sponsor's Assets Was Not Liable to Plan Participants for Benefits
"Top-hat plan participants could not recover benefits under ERISA § 502 from a company that bought all of the assets of the plan sponsor out of which benefits might have been paid, but did not assume any of the plan sponsor's liabilities under the plan . . . ." (Wolters Kluwer)

[Guidance Overview]
HHS Assesses $4.35 Mil.lion in First-Ever Civil Penalty for HIPAA Privacy Rule Violations
"This is the first civil money penalty imposed for a HIPAA privacy violation, although other HHS investigations of potential privacy rule violations have resulted in significant settlement payments by covered entities." (Thomson Reuters/EBIA)

Say on Pay Voting Shifting from Triennial to Annual, According to Data Compilation
"According to data compiled by the Center On Executive Compensation, seven of the 10 companies filing proxies between February 17 and February 24 recommended an annual say on pay vote, and just three recommended a vote every three years." (HR Policy Association)

Department of Justice Won't Defend DOMA, But Federal Agencies Will Continue to Enforce It
"The DOJ statement is likely to generate questions from plan participants about its effect on benefits for same-s.ex spouses or perhaps the expectation that plans will automatically extend benefits to same-s.ex spouses." (Thomson Reuters/EBIA)

Workers' Protests Swell in Midwest As Budget Battles Continue
"Republican lawmakers in the nation's heartland might be feeling a case of heartburn after their budget bills spawned demonstrations in at least three states over what protesters view as an attack on workers' rights." (Cable News Network)

Minnesota Unlikely to Go After State Employee Benefits
"Minnesota lawmakers are considering changes to the state's public work force, including paring the state work force by 15 percent and a proposed pay freeze for teachers. But Minnesota officials aren't expected to replicate Wisconsin's efforts to have employees pay more for their benefits, as such efforts likely wouldn't yield much savings in Minnesota." (lacrossetribune.com)

GOP Governors Gambling on Challenge to Public-Employee Unions
"With many working Americans financially battered by the recession and the years of economic uncertainty that preceded it, [Republican governors] are aiming to be seen as friends of the middle class even as they challenge workers who themselves are middle class." (The Washington Post; free registration required)

Press Releases


Employee Benefits Jobs

Director Participant Roll-in Services in CO for Great-West Life & Annuity Insurance Company

Administrative Support in CA for Benefit Strategies, Inc.

Account Executive - Retirement Services in MI for Principal Financial Group

Applications Support Specialist in FL for The Newport Group

Benefits Consultant - Direct Hire in CA for City of Hope

Customer Service Associate in CT for Prudential

Director, Risk Management in CT for Prudential

Post Your Job on EmployeeBenefitsJobs.com

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Webcasts and Conferences

"Plan Fees: Navigating the Maze" Web Seminar - A 3-part program
Nationwide on March 29, 2011 presented by SunGard Relius

"Would You Like Some Catch-up With Those Deferrals?" Web Seminar
Nationwide on March 1, 2011 presented by SunGard Relius

Cafeteria Plans
in Washington on April 5, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in California on April 12, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Illinois on April 26, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Texas on May 3, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Maryland on May 10, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Minnesota on May 17, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Washington on April 7, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in California on April 14, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Illinois on April 28, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Texas on May 5, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Maryland on May 12, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Minnesota on May 19, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Washington on April 6, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in California on April 13, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Illinois on April 27, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Texas on May 4, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Maryland on May 11, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Minnesota on May 18, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Washington on April 8, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in California on April 15, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Illinois on April 29, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Texas on May 6, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Maryland on May 13, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Minnesota on May 20, 2011 presented by EBIA / Thomson Reuters

Health Reform: Changes to Medicare Preventive Care Services and the Part D Prescription Benefit
in New York on March 16, 2011 presented by Medicare Rights Center

HIPAA Privacy & Security
in Washington on April 7, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in California on April 14, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Illinois on April 28, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Texas on May 5, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Maryland on May 12, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Minnesota on May 19, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Washington on April 6, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in California on April 13, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Illinois on April 27, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Texas on May 4, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Maryland on May 11, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Minnesota on May 18, 2011 presented by EBIA / Thomson Reuters


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