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BenefitsLink Health & Welfare Plans Newsletter
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[Guidance Overview]
2012 List of Counties Requiring Culturally and Linguistically Appropriate Services Issued by HHS
"Employers with employees in the counties listed first need to arrange for translation services for the statement to be placed on the English version of the various notices and for the notices themselves, if requested. In addition, arrangements will need to be made to provide the oral, non-English language service to assist with questions and the filing of claims."
(Troutman Sanders)
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[Guidance Overview]
HHS Releases Final Rules Regarding Transitional Reinsurance Program (PDF)
"Of particular interest to plan sponsors is the transitional reinsurance program ..., which will require health insurance issuers, as well as certain plan administrators on behalf of self-insured group health plans, to make contributions to a transitional reinsurance program for the three-year period beginning January 1, 2014. ...[S]ection 1341 is likely to result in additional costs for employer plan sponsors and, depending on whether the plan at issue is self-administered, certain additional reporting obligations."
(Crowell & Moring LLP)
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Health Care Frequent Flyers: 'I Always Had to Call An Ambulance to Get Up'
"The San Diego Union-Tribune is in the middle of a fantastic series that looks at health care's 'frequent fliers': the 1 percent of Americans who account for 22 percent of national health-care spending. These heavy users tend to be disproportionately lower-income, with less access to health-care services[.]"
(The Washington Post; free registration required)
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Misconceptions Seen in Responses of Supreme Court Justices at Oral Arguments
A Deloitte consultant and an expert working for the Kaiser Family Foundation express their concerns that the attorneys and Supreme Court justices have assumed mistakenly that the health care reform law requires individuals to purchase "Cadillac" coverage rather than a lower-cost stripped-down version.
(Chicago Tribune)
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White House Blasts Obama-Appointed Republican Health Care Economist
"The White House has unleashed a torrent of criticism on a leading conservative economist—approved by President Obama in 2010 as a Republican trustee overseeing Medicare and Social Security finances—for concluding in a new study that the Affordable Care Act will add to the deficit instead of reduce it."
(ABCNews)
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Many Patients Skip Recommended Colonoscopy: Study
"Although a colonoscopy is considered the 'gold standard' for colon cancer screening, a new study finds that many patients are reluctant to have the test Patients are more likely to opt for a simple fecal occult blood test—a brief part of a medical exam—that checks for bleeding, which can be a sign of colon cancer, the researchers said."
(Blue Cross and Blue Shield Association)
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[Opinion]
Report Claming Higher Cost for Health Care Reform is Bogus Attack
"Nobody, and I mean nobody, tries to assess legislation against a baseline that assumes that Medicare will just cut off millions of seniors when the current trust fund is exhausted. And in general, you almost always want to assess legislation against 'current policy', not 'current law'; there are lots of things that legally are supposed to happen, but that everyone knows won't[.]"
(Paul Krugman in the New York Times; free registration required)
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[Opinion]
Official Federal Government Sources Agree: The Affordable Care Act Reduces the Deficit
"Today, we are reading about another brand of "new math" in describing how the Affordable Care Act will affect our nation's Federal budget deficit. In another attempt to refight the battles of the past, one former Bush Administration official is wrongly claiming that some of the savings in the Affordable Care Act are 'double-counted' and that the law actually increases the deficit. This claim is false."
(The White House)
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[Opinion]
The Individual Mandate and the Math-less Health Reform Debate
"The Affordable Care Act attempted to cover new costs without adding significantly to tax burdens. The individual mandate was one way it tried to force us to pay, at least for ourselves. The law also included an employer mandate designed to prevent employers from dropping employee health insurance ... Congress also tried to box in states to contribute as much or more than they already do to Medicaid, another part of the constitutional debate. None of those efforts, however, tackle the original sin driving health costs."
(Urban Institute)
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Benefits in General; Executive Compensation
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[Guidance Overview]
Form 8938 And FATCA: Considering Some of The Issues for 2011
"[I]ndividual U.S. taxpayers and their employers have been wrestling with issues in how to fill out new Form 8938, the individual reporting form under FATCA (Code section 6038D), which is due with the individual's income tax return for 2011, with extensions, concerning their participation in foreign pensions, deferred compensation and equity-based compensation plans."
(Groom Law Group)
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Avoiding 409A Pitfalls in Severance Agreements (PDF)
Slides from a presentation on 409A. Topics discussed include: structuring severance benefits to be exempt from Section 409A; separation from service requirements to commence severance; six-month delay considerations for severance benefits payable to specified employees; and postemployment benefits and reimbursements.
(Morgan Lewis)
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Press Releases
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