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BenefitsLink Health & Welfare Plans Newsletter
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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)
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[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)
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[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)
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[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)
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[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)
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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)
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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)
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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.)
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Benefits in General; Executive Compensation
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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)
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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)
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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.)
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Press Releases
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