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BenefitsLink Health & Welfare Plans Newsletter
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Five Facts About the Health Law's Contraceptive Mandate
"Remember that part of the health reform law, that requires insur.ance companies to provide contraceptives at no cost to subscribers? After surviving a heated debate earlier this year, the regulation went into effect today. Here are five things to know about it. 1. It's not just a contraceptives mandate... 2. It takes effect today, but for some it could take awhile to kick in... 3. It could shape women's choice of what form of contraceptives they use. ... 4. Contraceptives won't cost patients, but that doesn't make them free. ... 5. There's also the possibility that the courts could eliminate it altogether."
(The Washington Post; free registration required)
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Massachusetts Health Cost-Control Bill Contains First-In-Nation Fund for Prevention Programs
"The $60 mil.lion earmarked over the next four years for the Prevention and Wellness Trust—believed to be the first such state-based prevention fund in the nation—will be paid for by a tax on insurers and an assessment on some larger hospitals. Under the expansive prevention program, communities, health care providers, regional-planning agencies, and health plans will be able to vie for grants, to be awarded by the state's Department of Public Health, to battle preventable illnesses."
(Boston.com)
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States' Implementation of the Patient Protection and Affordable Care Act
"This report addresses the following questions: 1. What are states' responsibilities for implementing the Medicaid expansion provisions under PPACA? 2. What actions have selected states taken to prepare for the Medicaid expansion provisions of PPACA and what challenges have they encountered? 3. What are states' views on the fiscal implications of the Medicaid expansion on state budget planning?"
(U.S. Government Accountability Office)
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Health Insur.ance Rebates May Keep Premiums Down for Everyone
"For Blue Cross, as well as several other large insurers, avoiding the 'medical loss ratio' means new programs that concentrate on paying for effective care, rather than by the number of tests or procedures a patient receives. They reduce costs by reducing hospital readmission rates by making sure patients receive follow-up care -- even if it's a phone call to make sure someone is taking medications."
(USA TODAY)
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How to Communicate Employee Benefit Plan Changes
"To comply with healthcare reform, many employers will be faced with plan design changes. Employers must then ask 'How do I communicate this to my employees?' ... The key to getting this right is consistency between all of the documents. And a cautious employer will not craft new summaries or letters that conflict with the ERISA required documents. If you want to send a cover letter to employees with the updated ERISA documents, make sure it is entirely consistent with the ERISA documents. Inconsistency can be the basis for an employee lawsuit."
(Crain's Cleveland Business)
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Research Suggests Employees Don't Know Much About Disability Insur.ance But Are Willing to Buy It Once They Learn
"[A recent survey] finds that only 13% [of employees] know 'a lot' about disability insur.ance, and less than half (47%) know what its benefits are.... Yet, when informed about the insur.ance, a large majority (90%) want the coverage, and 86% are willing to pay half of a $30 average monthly premium, while just over half (56%) are willing to pay the entire premium in order to gain income protection should they become disabled -- a life event that affects nearly a quarter of all Americans. According to a 2012 Social Security fact sheet, almost one-in-four of today's 20-year-olds will become disabled before reaching age 67."
(Employee Benefit News)
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Massachusetts Aims to Cut Growth of Its Health Costs
"[A] new commission would monitor the growth in health costs and enforce the spending targets. But the bill contains no real penalty for missing the targets, and some consumer advocates are skeptical."
(The New York Times; free registration required)
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Massachusetts Legislature Passes Comprehensive Health Care Payment Reform
"[T]he Massachusetts legislature, on the final day of its 2011-2012 session, ... [placed] on the governor's desk legislation that would significantly change both the structure and the financing of health care delivery in the Commonwealth and that promises to have a dramatic impact on the cost of care for Massachusetts residents. The legislative leadership predicts that the bill will save the Commonwealth up to $200 bil.lion over the next 15 years.... The bill would put in place mechanisms for capping growth in health care expenditures and for restructuring the delivery system in a manner that promotes coordinated care, quality, and incentives to adopt provider financing arrangements that are not tied to traditional fee-for-service mechanisms."
(Mintz Levin)
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MLR Rebates: Guidance for California Employers
"To date, the following carriers have announced and/or are processing rebates to employers in California, based on failed medical loss ratios in 2011: UnitedHealth Group, Inc.: $3.5 mil.lion distributed to 4,400 employers ($98 average rebate per 'subscriber' (covered employee or dependent). Anthem Blue Cross: $38.6 mil.lion distributed to 38,175 employers ($119 average rebate per subscriber). Large Group Carriers: Aetna: $3.4 mil.lion distributed to unknown number of businesses ($40.50 average rebate per subscriber). CIGNA: $3.4 mil.lion distributed to 456 businesses ($37.70 average rebate per subscriber). PacifiCare: $789,615 distributed to unknown number of businesses ($12.42 average rebate per subscriber)."
(E is for ERISA)
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As Health Law Takes Effect, Employers Move to Adapt
"Two major provisions of the health-overhaul law take effect [on August 1], testing employers' ability to adapt to changes the measure mandates. The law requires employers to distribute millions of dollars in insur.ance-company refunds to workers whose plans spent a high percentage of their premium dollars on administrative expenses instead of medical care. Employers also will have to begin including contraception and other women's services in workers' insur.ance plans without charging employees co-payments or other fees."
(The Wall Street Journal)
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HSA Enrollment Keeps Growing
"AHIP's latest census of HSA-qualifying insur.ance coverage ... [finds] that enrollment in these plans grew from 11.4 mil.lion in January 2011 to 13.5 mil.lion in January 2012, an increase on 18% in one year.... The vast majority of this enrollment surge is in the large group category, which suggests that large employers are not waiting around to see what happens with the Affordable Care Act. They are moving ahead to increase consumerism with or without ObamaCare."
(John Goodman's Health Policy Blog)
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A Checklist for Creating Consumer-Friendly Workplace Wellness Programs (PDF)
"A growing number of employers are offering wellness programs to their workers. Workplace wellness programs have some unique benefits, since they take place in the environment where individuals already spend several hours each day. Implementing a workplace wellness program comes with some unique challenges that must be addressed in order to ensure that the program protects employees' rights and well-being."
(FamiliesUSA)
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Benefits in General; Executive Compensation
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Nursing Rule Gives a Private Room but No Standing to Sue
"Employees were given new rights to a secure and private place in which to express breast milk under a 2010 amendment to the Fair Labor Standards Act; however, that amendment does not give those employees a private right to sue their employers for failing to provide such a space. Instead, said the U.S. District Court for the Northern District of Iowa, employees who are denied their right to express breast milk must contact the U.S. Department of Labor, which is then authorized to investigate and take further action. (Salz v. Casey's Mktg. Co., No. 11-cv-3055 (N.D. Iowa July 19, 2012))"
(Thompson SmartHR Manager)
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Risks and Process of Retirement: Longevity (PDF)
"The 2011 Risks and Process of Retirement Survey asked respondents about their view of longevity risk. As in 2005, when these questions were last asked, there is more tendency to underestimate rather than overestimate longevity. While some Americans appear to have a moderate grasp of life expectancy in general, many fail to understand the potential consequences of living beyond their own planned life expectancy. This study shows many people are not focused on risk management, and making assets last for the rest of their lives is not their highest priority."
(Society of Actuaries)
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Hodgson Russ Employee Benefits Developments, July 2012
Monthly newsletter; this issue includes the following articles: Agencies Issue New FAQs Regarding Summary of Benefits and Coverage; IRS Notice Provides Guidance on the Health FSA Salary Reduction Limit; 2013 Inflation-Adjusted Limits for Health Savings Accounts; Proposed Section 83 Regulations Provide Clarifications; IRS Issues Final Regulations Regarding Affordable Care Act's Premium Tax Credit; Withdrawal Liability Exemption Under Asset Sale More Difficult in Second Circuit; and Employer Has Successor Liability for Retiree Medical Benefits
(Hodgson Russ LLP)
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From the Bureau of Labor Statistics: The Availability of Employee Benefits in the United States, March 2012 (PDF)
"Access, or availability of a benefit, was 57 percent for medical care benefits in small establishments (those with fewer than 100 employees), compared with 89 percent in large establishments (those with 500 employees or more). In private industry, retirement benefits were available to 50 percent of workers in small establishments, 79 percent of workers in medium size establishments (those employing between 100 and 499 workers), and 86 percent of workers in large establishments."
(U.S. Bureau of Labor Statistics)
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Press Releases
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