The Issue of Whether Employers Can Legally Surcharge Employees Who Refuse Health Assessments
"HIPAA allows employers to levy a 20-percent surcharge on the healthcare-premium payments of employees who are poor health risks because of factors such as tobacco use and obesity. Furthermore, the Patient Protection and Affordable Care Act allows employers to hike that percentage to 30 percent in 2014 and possibly as high as 50 percent eventually. Both of these provisions seem to be in conflict with the equally broad ADA, which protects employees from involuntary assessments." (Human Resource Executive Online)

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The Value of Vision Benefits Can Extend Beyond Eye Health
"Nearly half (48 percent) of U.S. workers don't take advantage of their company's vision benefits, according to Employee Perceptions of Visions Benefits, a survey of more than 2,000 employees by Pinellas Park, Fla.-based Transitions." (Human Resource Executive Online)

HHS to Release Final Rule on HIPAA Privacy, Security by End of Year
"According to [the agency], the rule will include final versions of proposed regulations that were mandated by the HITECH Act to: Provide for data breach notification; Strengthen HIPAA enforcement; and Expand other privacy and security protections . . . ." (California HealthCare Foundation by The Advisory Board Company)

How Health Reform Affects Current and Future Retirees (PDF)
"The Patient Protection and Affordable Care Act . . . will fundamentally alter Medicare. If its provisions remain in place, in the long run it will dramatically reduce Medicare spending relative to recent projections. This change will lower the burden for future taxpayers, but it could also reduce access to care for future beneficiaries." (National Center for Policy Analysis)

American Benefits Council Letter to HHS Regarding RFI on Reducing Regulatory Burden (PDF)
"[A response to the request] for comments with respect to development of a process for reviewing existing regulations with the ultimate goal of making HHS' regulatory program more effective or less burdensome in achieving its regulatory objectives." (American Benefits Council)

Estoppel Claims Can Prevail Over Unambiguous Plan Language
"In Stark v. Mars, the district court engaged in a thoughtful analysis of several important ERISA legal theories for relief in the context of the defendants' motion to dismiss. The case involved the all too common scenario of a plan participant who was informed that her benefits would be at a level that exceeded what the plan ultimately paid." (Roy Harmon III / Health Plan Law)

Text of SEC Proposed Rule; Notice of Intent for Investment Adviser Performance Compensation (PDF)
"[SEC] intends to issue an order that would adjust two dollar amount tests in the rule under the Investment Advisers Act of 1940 that permits investment advisers to charge performance based compensation to 'qualified clients.'" (U.S. Securities and Exchange Commission)

New Compensation Restrictions Coming for Colleges and Universities (PDF)
"An IRS official recently stated that long-awaited regulations under Section 457 of the Internal Revenue Code, first announced in 2007, are in clearance and may be issued as soon as September 2011. These regulations will require that all exempt organizations, including colleges and universities, review and potentially revise their employment, severance and deferred compensation agreements to avoid tax penalties." (Vorys, Sater, Seymour and Pease LLP)

DOL Considers Updating Nearly Decade-Old E-Delivery Standards for Employee Benefit Plan Information
"Some of the advantages of electronic delivery are that it is typically more cost effective and less burdensome to administer than paper-based systems, allows for more timely communication, and is environmentally friendly." (McguireWoods LLP)

Consideration of Changes to DOL's Electronic Disclosure Rules
"EBSA has also asked for feedback on whether the rules should include different rules for different types of benefit plans, disclosures, or recipients, and whether electronic disclosure should be encouraged or required." (Verrill Dana, LLP)

Some Employers Create a 'Brand' for Their Work/Life Programs Using Communication Successfully
"[At one company, employees have individual dashboards on a web] site they can access securely at any time to check their performance metrics. As long as they're meeting those metrics, no one is going to be checking to see whether they're in the office . . . ." (Human Resource Executive Online)

Delaware 8th State to Grant Same-S.ex Couples Legal Protections
"[The Delaware Governor] has signed a bill into law that gives same-s.ex couples legal protections and recognition beginning in 2012." (CBS Interactive Inc.)

Mercer Provides Checklist For Defined Benefit Plan Sponsors Looking To Improve Program Efficiency And Effectiveness
(Mercer)

Web-Based Retirement Education Guide Launched
(Rest-of-Life Communications)

Pension Administrator-DB
for Phoenix Based Retirement Plan Administration Firm in AZ

ERISA Litigation Associate
for Trucker Huss, A Professional Corporation in CA

Relationship Mgr II/III
for The Standard in LA

RTW/ SAW Product Marketing Analyst
for The Standard in OR

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ACOs: A Midwest Perspective (Co-sponsored by Payers & Providers)
in California on June 2, 2011 presented by MCOL

ACOs: Analyzing Medicare Risks & Commercial Opportunities
in California on July 14, 2011 presented by MCOL