[Official Guidance]
IRS Notice 2012-14: 'Eligible Individual' HSA Status for Persons Eligible for Services at an Indian Health Service Facility (PDF)
"An individual who is eligible to receive medical services at an IHS facility, but who has not actually received such services during the previous three months, is an eligible individual within the meaning of section 223(c)(1) who may establish and make tax-free contributions to an HSA. However, an individual generally is not an eligible individual if the individual has received medical services at an IHS facility at any time during the previous three months."
(U.S. Internal Revenue Service)
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[Guidance Overview]
Supreme Court Recognizes 'Ministerial Exception' to Federal, State Employment Laws
"A 'ministerial exception' shields religious organizations — including hospitals, schools and corporations with religious affiliations — from potential liability under state and federal employment laws, the U.S. Supreme Court has ruled [in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, decided January 11, 2012]."
(Mercer Select)
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[Guidance Overview]
Disenrollment Was Proper After Ignored Document Requests
"A plan participant's disregard of health plan requests to verify dependent eligibility was a proper basis of a plan's action to remove his dependents from coverage and garnish wages to recover about $23,000 in benefits overpayments, a federal court ruled in Muhammad v. Ford Motor Co. . . . (E.D. Mich., Jan. 12, 2012)."
(SmartHR)
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[Guidance Overview]
Summary of HHS' Essential Health Benefits Bulletin
"While the Bulletin is of primary interest to health insurance issuers in the individual and small group market, self-funded group health plans may also be affected because group health plans are prohibited from lifetime caps on essential health benefits and after 2014, will also be prohibited from imposing annual dollar limits on essential health benefits."
(Groom Law Group)
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Catholic Clergy Come Out Swinging Against HHS Regulation Mandating Cost-Free Contraceptives
"Catholics around the country got an earful on Sunday from the pulpit over a new health insurance policy by the U.S. Department of Health and Human Services that forces employers to cover contraception and abortion as part of preventative care regardless of religious beliefs. The use of abortion and contraceptives violates Catholic teachings."
(CNN Belief Blog)
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Patients in Consumer-Driven Health Plans Show More Cost-Conscious Behavior (PDF)
"[T]hose in [consumer-driven health plans] were more likely to say they had checked whether their plan would cover care; asked for a generic drug instead of a brand name drug; talked to their doctor about treatment options and costs; talked to their doctor about prescription drug options and costs; developed a budget to manage health care expenses; checked a price of service before getting care; and used an online cost-tracking tool."
(Employee Benefit Research Institute)
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Assets in Health Savings Accounts Grow Substantially During 2011
"HSAs continue to see consistent growth as the total number of HSA accounts rose to almost 6.8 mil.lion with assets totaling $12.4 bil.lion, a year over year increase of almost 20% for accounts and a nearly 26% increase in assets for the period from December 31st, 2010 to December 31st, 2011."
(Devenir)
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Enhanced Commuter Benefit Might Be Tied to Payroll Bill
"Public agencies, businesses and lawmakers are hoping a provision that allows public transit riders to put away more pre-tax money for commuting costs will be attached to legislation on the payroll tax cut, which is set to expire on Feb. 29."
(LifeHealthPro)
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[Opinion]
Over-the-Counter (OTC) Medicine Saves Healthcare System Billions
"[T]he study findings underscore the importance of reversing a provision in the 2010 Affordable Care Act (ACA) that prohibits consumers from using their flexible spending arrangements (FSAs) to purchase OTC medicines without first getting a prescription. At the time this provision was enacted, an estimated 19 mil.lion working American families purchased OTC medicines, relying on these accessible and affordable medicines to keep their families healthy."
(Consumer Healthcare Products Association)
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[Opinion]
Aging Groups Argue That Most Health Reform Law Provisions Affecting Seniors Should Not Be Tied To Supreme Court's Ruling on Individual Mandate (PDF)
"The [recently filed amicus] brief . . . highlights the parts of the ACA that greatly benefit people aged 65 and older that should not be affected should the Court decide to invalidate the minimum coverage provision, including: Reduced cost-sharing for Medicare beneficiaries for prescription drugs by substantially reducing the coverage gap or so-called donut hole; Elimination of cost-sharing for annual wellness visits and other screening services; Medicare Advantage plans are prevented from charging higher cost-sharing for chemotherapy and dialysis than permitted under traditional Medicare . . . ."
(National Senior Citizens Law Center)
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[Opinion]
PBM Merger Would Mean More Bad News for Consumers
"Small and independent pharmacies may not fit into the [pharmacy benefit manager] industry's vision for the future. But community pharmacies and pharmacists are the most affordable and accessible health care provider in many communities — and underserved communities in particular. Certainly their loss will have an adverse affect on patient care and outcomes."
(Eva M. Clayton in the Huffington Post)
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[Opinion]
Cleveland Clinic: 'Why We Won't Hire Smokers'
"Job candidates are told that the offer is subject to a nicotine-free urine test. If a candidate tests positive for nicotine, the offer is rescinded, and he or she is offered a free tobacco-cessation program and may reapply in 90 days. . . . At Cleveland Clinic, we have a unique perspective on the burden of chronic disease. We not only treat disease, but we also play a vital role in educating patients and employees about lifestyle choices. It is only right to practice what we preach."
(USATODAY.com)
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[Opinion]
Not Hiring Smokers Crosses Privacy Line
"Treating smoking, in essence, like illegal drug use takes . . . employers down a dangerous road, one that extends far too deeply into the private lives of prospective workers."
(USATODAY.com)
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[Opinion]
Comments of American Benefits Council on HHS 'Essential Health Benefits' Bulletin (PDF)
"[T]he Bulletin does not expressly reaffirm . . . that insured large group health plans and self-insured group health plans may continue to utilize a good faith effort to comply with a reasonable interpretation of the term 'essential health benefits' as provided in interim final regulations issued in June 2010. To avoid any confusion, we request . . . that the Department issue clarifying guidance that reaffirms that plan sponsors and issuers may continue to use a good faith effort . . . ."
(American Benefits Council)
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[Opinion]
Disregarding Religious Beliefs: Obama's Radical Power Grab on Health Care
"There would have been no controversy at all if President Obama had simply exempted religious institutions and ministries. But the administration insisted that the University of Notre Dame and St. Mary's Hospital be forced to pay for the privilege of violating their convictions. Obama chose to substantially burden a religious belief, by the most intrusive means, for a less-than-compelling state purpose — a marginal increase in access to contraceptives that are easily available elsewhere."
(Michael Gerson in the Washington Post; free registration required)
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[Opinion]
Comments of Galen Institute on Medical Loss Ratio Requirements as Applied to HRAs
"The MLR rules as drafted discriminate against Health Savings Accounts (HSAs) and similar high-deductible health plans in a number of ways. These accounts provide employers, employees, and individuals with an option to purchase coverage with a larger deductible so that the polices function more like traditional 'insurance' — covering medical expenses above a certain threshold. . . . The Galen Institute respectfully requests that HHS exempt HSAs and other high-deductible health plans from the MLR requirement . . . ."
(Galen Institute)
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Benefits in General; Executive Compensation
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Public-private Pay Gap Varies Greatly By Education Level
"Federal civilian workers with only a high school diploma or less fared much better than private sector employees with the same: They earned 21 percent more wages, 72 percent higher benefits and 36 percent more in total compensation. . . . In contrast, among employees with a professional degree or doctorate, federal workers earned 23 percent less in wages and 18 percent lower total compensation, while receiving about the same benefits as the private sector employees with identical degrees."
(GovExec.com)
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Baby Boomers Are Reaching Age 65, But Are They Actually Retiring?
"Health care is another issue that is causing many baby boomers to delay retirement . . . especially for those who are under the age of 65 and not yet eligible for Medicare. For pre-Medicare retirees, although 80 percent of employers offer a pre-Medicare subsidy, 51 percent of those employers have a subsidy cap . . . ."
(BenefitsPro)
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New book on ESPPs (employee stock purchase plans)
The Certified Equity Professional Institute just released a new book on employee stock purchase plans (ESPPs) as part of its GPS (guidance, procedures, systems) series, and you can order a copy from the NCEO. (National Center for Employee Ownership
(NCEO))
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Press Releases
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