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BenefitsLink Health & Welfare Plans Newsletter
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[Official Guidance]
Text of Final Regs on Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers
"This final rule: (1) Sets forth the minimum Federal standards that States must meet if they elect to establish and operate an Exchange, including the standards related to individual and employer eligibility for and enrollment in the Exchange and insurance affordability programs; (2) outlines minimum standards that health insurance issuers must meet to participate in an Exchange and offer qualified health plans (QHPs); and (3) provides basic standards that employers must meet to participate in the Small Business Health Options Program (SHOP)."
(U.S. Department of Health and Human Services)
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[Guidance Overview]
HHS Proposes Actuarial Value Calculator for Qualified Health Plans
"HHS intends to develop a publicly available Actuarial Value (AV) calculator that plans would use to determine AV. The calculator would be developed using a set of claims data weighted to reflect the expected standard population in the individual and small group markets for the year of enrollment. Plans would input information on cost-sharing parameters."
(Wolters Kluwer / CCH)
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Health Care Law's Preventive Care Rules Snare Insured Patients
"Generally, ... if your coverage went into effect after health care reform passed on March 23, 2010, the full cost of preventive care — things like annual checkups, flu shots and cancer screenings like mammograms and colonoscopies — should be covered without a co-pay or co-insurance. There are still some health plans that are exempt from covering preventive care in full, ... so be careful. If your plan hasn't made huge changes to its benefit package since health reform took effect, it has "grandfathered" status and is not required to comply with this provision of the health reform law[.]"
(The Billings Gazette)
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Three Tips to Avoid Intermittent FMLA Abuse
"While employers do have an obligation to allow covered employees to take FMLA leave when they qualify, employees also have obligations that must be met before the FMLA leave must be granted. By ensuring that employees meet their obligations, employers can reduce intermittent FMLA abuse simply by making employees follow the rules every time."
(HR.BLR.com)
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Employers Cannot Offer Inducements for Genetic Information
"[An EEOC] Opinion Letter stated: 'EEOC guidance states that a wellness program is "voluntary" as long as the employer neither requires participation or penalizes employees who do not participate.' The EEOC did not take a position on whether or not Title I of the ADA permits the employer to offer financial inducements to employees to participate in wellness programs which would also include disability-related inquiries."
(Standard-Times)
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Some Organizations Adding Pet Insurance to Benefits Packages
"[P]et insurance sales grew dramatically after the late 1990s, spiked by the establishment of a well-care rider, Internet sales and employers offering pet insurance via the workplace. In 2003, the restaurant chain, Chipolte Mexican Grill Inc., first offered pet insurance as a voluntary benefit to its salaried employees. From the start, the employer contributed $10 per month for one pet."
(Human Resource Executive Online)
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Does Universal Coverage Improve Health? The Massachusetts Experience
"In 2006, Massachusetts passed health care reform legislation designed to achieve nearly universal coverage through a combination of insurance market reforms, mandates, and subsidies that later served as the model for national health care reform. Using individual-level data ... [this report provides] evidence that health care reform in Massachusetts led to better overall self-assessed health."
(The National Bureau of Economic Research; paid subscription or individual purchase required to retrieve full text)
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Health Care Exchange Rules to Be Set
"The Obama administration is about to carry out a major provision of the new health care law by issuing standards for health insurance exchanges, the markets where consumers and small businesses will be able to buy coverage from competing private plans."
(The New York Times; free registration required)
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Generic Medication Program Targets Pharmacy Benefits Costs
"A maintenance medication wrap-around program gaining ground among some self-funded middle-market employers demonstrates that when it comes to health benefits, sometimes it costs less to pay a bigger share."
(Business Insurance; free registration required)
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The Health Care Reform Survey 2011-2012 (PDF)
"While other surveys and publications have found that employers seem reluctant to be the first to drop coverage, reshape work hours, reduce coverage or reduce company financial support for certain benefits, this survey indicates that respondents believe that other employers WILL take some of these actions.... Many of the survey findings reflect a certain amount of employer confusion and uncertainty."
(Willis)
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New Data Show Health Care Costs Are Stabilizing
"[H]ealth spending has actually been stabilizing for several years, and the system we all love to hate is finally re-entering the economy's normal orbit after three decades of skyrocketing growth.... This is health care simply self-correcting, slowly and tediously, nearly a decade after the failure of the great managed care experiment of the 1990s."
(The Health Care Blog)
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State Legislation and Actions Challenging Certain Health Reforms, 2011-2012
"In response to the federal health reform law, now known as the Affordable Care Act (ACA), and separate state reform initiatives, some members of at least 47 state legislatures have proposed legislation to limit, alter or oppose selected state or federal actions.... The language varies from state to state and includes statutes and constitutional amendments, as well as binding and non-binding state resolutions."
(National Conference of State Legislatures)
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How to Cut Your Health Care Costs
"[P]eople out of work are learning that coverage sold on the so-called individual market is typically not as robust as their work-based insurance was. And those still covered through employers are seeing more high-deductible plans, according to a November survey from human-resource consultant Mercer. Whatever your situation, here are seven tips to help you save on medications, health insurance, doctors' bills and more."
(The Wall Street Journal)
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Benefits in General; Executive Compensation
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Know Your Role: Am I a "Settlor" or a "Fiduciary"?
"When making decisions about benefit plans, plan sponsors should at least take some time to consider what role they are playing.... [O]ften times the decisions can be a mix of both settlor and fiduciary functions and it is important to know which hat you are wearing for each decision."
(Fox Rothschild LLP)
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Deficits Push N.Y. Cities and Counties to Desperation
"Even as there are glimmers of a national economic recovery, cities and counties increasingly find themselves in the middle of a financial crisis. The problems are spreading as municipalities face a toxic mix of stresses that has been brewing for years, including soaring pension, Medicaid and retiree health care costs."
(The New York Times; free registration required)
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Press Releases
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