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BenefitsLink Health & Welfare Plans Newsletter

July 8, 2011 Get Retirement News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Internal Administrative Assistant to ERISA Fiduciary Services Group
for Gordon Asset Management, LLC in NC

Business Development Manager
for Charles Schwab in NC

Business Management Consultant
for Charles Schwab in IL

Business Management Consultant
for Charles Schwab in NY

Business Management Consultant
for Charles Schwab in CO

Business Management Consultant
for Charles Schwab in AZ

Plan Administration Supervisor
for MidAmerica Administrative & Retirement Solutions, Inc. in FL

Director, Marketing Management
for Prudential in NJ

Regional Director
for The Newport Group in CA, CO, OR, WA

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Webcasts and Conferences

403(b) Plan Audits Webcast
Nationwide on July 14, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)

Roth Conversions Webcast
Nationwide on August 2, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)


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[Guidance Overview]
Form W-2 Reporting Requirements Guidance
"In light of the new guidance, employers should commence discussions internally and with their payroll providers to identify programming changes needed to capture the cost of coverage beginning January 1, 2012 (i.e., the COBRA premiums less the 2% administrative charge)." (Morgan, Lewis & Bockius LLP)

[Guidance Overview]
Additional Guidance on Internal Claims and Appeals and External Review Processes
"If an [independent review organization] rules in favor of the claimant, plans and insurers must continue to provide benefits and pay claims, without delay, until the plan or insurer receives a judicial decision otherwise." (McGuire Woods)

[Guidance Overview]
University of California Settles HIPAA Privacy and Security Case Involving UCLA Health System Facilities
"The corrective action plan requires UCLAHS to implement privacy and security policies and procedures approved by OCR, to conduct regular and robust trainings for all UCLAHS employees who use protected health information, to sanction offending employees, and to designate an independent monitor who will assess UCLAHS compliance with the plan over three years." (Thompson Publishing Group)

[Guidance Overview]
New Proposed HIPAA Privacy Rule Impacts Accounting of Disclosures Requirements
"[Future required actions by covered entities] may include: Revisions to current HIPAA policies and procedures to reflect revised accounting for disclosures requirements, and the implementation of new policies and procedures to address the access report requirement" (Polsinelli Shughart PC)

[Guidance Overview]
New Guidance and Transitional Relief for PPACA Claims and External Review Procedures
"Employers should review their claims procedures and model determination notices to ensure that their documentation complies with the amended regulations. (New model notices of adverse benefit determination and final internal adverse determination have been posted at www.dol.gov/ebsa.)" (Pillsbury Winthrop Shaw Pittman LLP)

[Guidance Overview]
Connecticut Mandate of Paid Sick Leave for Service Workers (PDF)
"The Paid Sick Leave Act prohibits an employer from taking retaliatory action or discriminating against any employee, including those who are not service workers. Specifically, the Act prohibits employers from retaliating against any employee who (1) requests to use paid sick leave under the Act or under the employer's own sick leave policy; or (2) files a complaint with the Labor Commissioner alleging a violation of the Act. In other words, the retaliation ban is broader than other provisions of the Act; it applies to employers that are covered by the Paid Sick Leave Act and also to those that provide their own paid sick leave." (Paul, Hastings, Janofsky & Walker LLP)

[Guidance Overview]
Health Care Reform Appeals Process Update
"While the changes are voluminous and can be difficult to digest, in general the changes should come as some relief to plan sponsors. Most of the changes made in the new interim final rules and the technical release either ease due dates for compliance or lessen overly strict rules." (Wolters Kluwer Law & Business)

2011 State Health Insurance Reform Enacted Laws Related to the Affordable Care Act as of July 6, 2011
"So far at least 32 states have enacted and signed laws specific to ACA health insurance implementation. They cover a wide variety of issues in at least 15 categories." (National Conference of State Legislatures)

Setting up State Health Care Exchanges for Small Businesses (PDF)
"Perhaps less attention has been paid to the provision of the Affordable Care Act that also calls for states to establish a Small Business Health Options Program, referred to as a 'SHOP exchange.' The fundamental mission of SHOP exchanges is to create a well-functioning health insurance marketplace providing an array of affordable, high-quality health insurance plans for small businesses and their employees." (Center for American Progress / Small Business Majority)

Seattle Considers Paid Sick and Safe Time Leave Ordinance
"Supporters of the proposal say that public health will be improved by keeping sick employees at home. Businesses and business groups opposing the proposal argue no accurate assessment of the impact of the proposed ordinance on the City of Seattle has yet been conducted." (Jackson Lewis LLP)

Senate Finance Chairman Open to Ways to Boost the Health Coverage Tax Credit
"The chairman of the Senate Finance Committee said Thursday that he will consider a new legislative approach to increase federal health insurance premium subsidies for employees who lose their jobs due to foreign competition and older retirees in failed pension plans." (Business Insurance)

Establishing a Global Health Care Benefits Program Can Improve Coverage and Save Money
"In many instances, a tangle of insurance policies leaves both the company and its traveling employees unsure of what is and is not covered. [The authors] say a growing number of companies they work with are taking steps to address the is issue by creating a single, unified global health care benefits program that is designed to cover both long-term and short-term travel." (The Segal Group, Inc.)

Should Your Company's Medical Benefits Be Insured Through a Captive Insurance Company? (PDF)
"This Bloomberg Law Reports article describes the benefits and drawbacks associated with captive insurance companies, and analyzes the efficacy of providing medical benefits of U.S. employees as an employee benefit, either for full coverage or stop-loss coverage." (Bloomberg Finance L.P. via Milliman Inc.)

[Opinion]
American Academy of Actuaries Letter to CMS on Rate Review and Disclosure Forms (PDF)
"This letter includes both general and specific comments on the preliminary justification form instructions, the rate summary worksheet, and the disclosure form that is intended to inform consumers about a health insurance rate increase." (American Academy of Actuaries)

Benefits in General; Executive Compensation

[Guidance Overview]
Steps Employers Should Take to Ensure Employee Benefit Plans Comply with New York's Law on Same-S.ex Marriages
"The effective date of the Legislation is July 24, 2011. Employers with employees in New York State have only been given 30 days to comply with the Legislation . . . ." (Bond, Schoeneck & King, PLLC)

A Surprising Lawsuit Over Section 162(m) Disclosure
"Earlier this month, the U.S. District Court for the District of Delaware allowed a shareholder derivative . . . lawsuit to continue against the officers and directors of Qualcomm, alleging that they issued a false or misleading proxy statement regarding the 162(m) tax-deductible status of executives' compensation . . . ." (Michael S. Melbinger via Winston & Strawn LLP)

Little Information Available on Qualified Supplemental Executive Retirement Plans, GAO Report Concludes
"Using flexibilities in nondiscrimination testing, some plan sponsors have increased the benefits using the qualified plan, with an offsetting reduction in the benefits under the nonqualified plan, to make use of plan surplus funds and realize additional tax benefits." (Wolters Kluwer Law & Business)

Company Offers Employers Prepaid CPA Services as Employee Benefit
"The CapellaTax Network is aimed at individuals who might not otherwise engage a professional tax or financial consultant. The mission is to help employees establish a year-round, long-term relationship with a trusted advisor. In addition to taxes, these professionals promote the employers' other tax-saving programs, such as retirement plans, flexible spending accounts and health savings accounts." (Employee Benefits News; free registration required)

Milliman's Monthly Benefit News and Developments, July 2011 (PDF)
The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits and upcoming key dates. (Milliman Inc.)

Did Bell South Violate ERISA Regulations?
"As the former Bell System has undergone a series of continual changes since 1984, employees and retirees have experienced those changes in many ways. This case concerns a feature of Bell System service that goes back to the 1920's -- what's known as the 'telephone concession benefit.'" (Business & Legal Reports, Inc.)

Press Releases



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Holly Horton, Business Manager

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