Non-Qualified Regional Director
The Newport Group
in ANY STATE

Conversion Consultant
ASPire Financial Services LLC
in FL

Senior Business Analyst
ASPire Financial Services LLC
in FL

401(k) Sales Consultant
Farmer & Betts
in AZ, FL, IA, IL, IN, LA, MA, MN, MO, MS, NC, PA, SC, TN, TX, UT

Institutional Investment Consultant
Charles Schwab
in OH

Communications Consultant
Charles Schwab
in OH, TX

Client Services Manager
Charles Schwab
in OH, TX

Retirement Business Services - Conversion Team Manager
Charles Schwab
in TX

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Regional TPA firm
in ANY STATE

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Evercore Trust Company, N.A.
in DC, NY

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Form 5500 for Welfare Plans: 2-part Web Seminar
June 5, 2014 WEBCAST
(SunGard Relius)

Focus 10: Prohibited Transactions: Who, What, Why, & Why Not?
June 5, 2014 WEBCAST
(SunGard Relius)

Auto Features in Public Sector Retirement Savings Plans
June 10, 2014 WEBCAST
(Center for State and Local Government Excellence)

ECFC 2nd Wednesday Teleconference: Individual Medical Premiums and HRAs, Cafeteria Plans and Employer Payment Plans: What Remains Following Notice 2013-54
June 11, 2014 WEBCAST
(ECFC [Employers Council on Flexible Compensation])

Qualified Health Plan (QHP) Series - Network Adequacy Scenarios Demo and General Q&A
June 17, 2014 WEBCAST
(Centers for Medicare & Medicaid Services (CMS))

Qualified Health Plan (QHP) Series - Plan Preview Overview
June 26, 2014 WEBCAST
(Centers for Medicare & Medicaid Services (CMS))

Advising Clients on the Affordable Care Act - Live Teleconference
June 26, 2014 WEBCAST
(Rossdale CLE)

ERISA Fiduciary Overview: Key Responsibilities and Concepts
July 1, 2014 WEBCAST
(Worldwide Employee Benefits Network [WEB])

2014 Retirement Research Consortium Meeting
August 7, 2014 in DC
(Center for Retirement Research at Boston College)

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[Official Guidance]

Text of CMS Alert: Medicare Secondary Payer Working Aged Policy for Group Health Plans -- Definition of 'Spouse'; Same-Sex Marriages (PDF)
"If a marriage is valid in the jurisdiction in which it was performed ... both parties to the marriage are 'spouses' for purposes of the [Medicare Secondary Payer (MSP)] Working Aged provisions. Where an employer, insurer, third party administrator, [group health plan (GHP)], or other plan sponsor has a broader or more inclusive definition of spouse for purposes of its GHP arrangement, it may (but is not required to) assume primary payment responsibility for the 'spouse' in question. If such an individual is reported as a 'spouse' ... Medicare will pay accordingly and pursue recovery, as applicable." [Dated June 3, 2014.] (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)  

[Advert.]

Please join us for our 3rd Annual ftwilliam.com Customer Conference!

Sign-up for our 3rd Annual ftwilliam.com Customer Conference, August 3-5 in downtown Chicago! Earn CE credits while learning about the latest industry news and trends, interacting with your peers, and learning more about your ftwilliam.com software tools.

[Guidance Overview]

DOL Updates Model COBRA Notices to Highlight ACA Marketplace Option (PDF)
"While CMS created this new special enrollment window to address what it expressed as the problem of previous COBRA notices insufficiently addressing marketplace options, the bulletin does not require employers to notify qualified beneficiaries about the special enrollment opportunity. Even so, employers looking to reduce their COBRA-related costs and/or ensure that qualified beneficiaries are aware of this special enrollment period may wish to consider a directed communication about this development. Given the July 1, 2014 deadline, such communication should be sent as soon as possible." (Buck Consultants)  

[Guidance Overview]

The Forgotten Filing: 5500s for Health and Welfare Plans (PDF)
"[M]any employers are unaware that they may also have a 5500 requirement for their health and welfare plans, possibly including health, dental, vision, life insurance, short-term and long-term disability, and health FSA plans. The rules surrounding 5500 filings for health and welfare plans ... remain somewhat confusing for most employers.... The exception for plans with fewer than 100 participants is probably the item that catches most employers off-guard.... Employers in the neighborhood of 100 participants or employees should be especially mindful of the number of participants in each applicable health and welfare plan." (Kushner & Company)  

Ban Lifted on Medicare Coverage for Sex Change Surgery
"The Obama administration on Friday ended a 33-year ban on Medicare coverage for gender reassignment surgery -- a major victory for transgender rights and a decision that is likely to put pressure on more insurers to provide coverage for such services. The ruling by [an HHS] board was in response to a lawsuit filed last year ... [T]he independent board, whose decisions are binding on HHS, said that medical studies published over the past three decades showed that the grounds for exclusion of coverage are 'not reasonable' anymore and lifted the ban." (The Washington Post; subscription may be required)  

Businesses May Have to Wait to Offer Employees a Choice of Health Plans
"Insurers suggest two reasons why deploying employer choice might not be in the 'best interests of small employers and their employees and dependents.' For one, the insurers are skeptical that the federal SHOP exchanges, already running a year late, will be up to the technological challenge of facilitating choice.... More fundamentally, some insurers fear that choice will result in adverse selection, meaning that employees who anticipate using more health care will gravitate to more expensive plans and those who don't plan on using many medical services, like younger people, will choose cheaper plans." (The New York Times; free registration required)  

[Advert.]

Expert Strategies for Leading Litigators and In-House Counsel

The premier employment discrimination litigation conference returns for its sixth year, with more in-house counsel client presence and top federal and state jurists who are actively involved in these cases. July 31 - August 1, New York.

Ninth Circuit Creates Wrinkle in the Way Employers Designate Family and Medical Leave
"While at first glance this case seems like a win for employers, [it] may actually provide greater protection for employees to take more than 12 weeks of leave.... In fact, the Ninth Circuit noted that employees may actually want to decline FMLA leave because '[b]y declining to take FMLA leave and subsequently requesting it at a later date, an employee can first take paid vacation, after which that employee would still have the full 12 weeks of FMLA leave remaining.' Under this ruling, employers may actually be liable for requiring employees to designate time off as FMLA leave." [Escriba v. Foster Poultry Farms, Inc., No. 11-17608 (9th Cir. Feb. 25, 2014)] (Snell & Wilmer)  

Are Inflexible Leave Policies Lawful After All? One Court Leaves Employers Salivating
"The court ... [suggested] that an 'inflexible' six month leave policy actually tends to protect the rights of the disabled, reasoning that these policies ensure that 'disabled employees' leave requests aren't secretly singled out for discriminatory treatment, as can happen in a leave system with fewer rules, more discretion and less transparency.' ... Employers have been waiting years for reasonable guidance from the EEOC on leave as a reasonable accommodation. If we get more court decisions like this one, they will render whatever guidance the EEOC issues meaningless, as the EEOC's take will have been trumped by far more meaningful (and better-reasoned) guidance from the courts." [Hwang v. Kansas State Univ., No. 13-3070 (10th Cir. May 29, 2014)] (FMLA Insights)  

Are You Asking the Right Questions About Health Benefits Provided Through a Private Exchange?
"[An] employer must ensure that the fees charged for partnering with the private exchange are reasonable. If commissions are paid (in the case of a fully-insured private exchange), the employer should weigh whether these commissions are reasonable, and the employer should ensure that 'steering' is not occurring ... If an employer decides to partner with a single-carrier private exchange, the employer should ensure that the premium rates for plans inside the private exchange are competitive with plans sold outside of the exchange. Finally, regardless of whether the employer will offer fully-insured or self-insured plans, an employer must weigh whether a conflict of interest is present in cases where a benefit consulting firm is seeking to offer its private exchange capabilities to the employer's employees." (The Institute for HealthCare Consumerism)  

HHS OCR Security Risk Assessment Tool Gets Low Grade
"It seems strange to conclude by saying that the [security risk assessment tool] does little to help organizations meet the explicit HIPAA Risk Analysis protocol -- but that's the gist of it. The tool is also very immature and technically unstable, creating fertile ground for user frustration. There are more robust, secure and effective technology options available to support your efforts to safeguard patient data and fully respond to your compliance responsibilities." (Clearwater Compliance)  

Making Markets Work In Health Care: What Does That Mean?
"While increasing consolidation in provider markets is a distinct concern, there is a fair amount of consolidation in health coverage: in 2010, there were 37 states in which the single largest insurance carrier had a market share of at least 45 percent. Although health insurers with more market power have been found to be more effective in keeping health care prices down, there is some question about how well that translates to lower premiums as insurers use their market power in negotiating with the employers." (Health Affairs Blog)  

Wellness Program Can Make Company More Productive
"Reasons that employees give for participating in wellness programs include: Earning incentives (90.4%); Avoid incurring insurance-related penalties (50.7%); Improving their health (96.3%) ... Increasing their energy (92.2%); and Helping to manage their stress levels (85.3%).... [W]hile employees are taking advantage of current wellness program offerings, they still want to see more. They are most interested in access to physical activity programs (72.4%), healthy food choices (65.5%) and onsite gym facilities or fitness classes (62.3%)." (PLANSPONSOR)  

Successful Consumer-Directed Health Plan and Wellness Programs Require Employee Education
"[It's] critical employees understand the ins-and-outs of the health plan as well as the accompanying savings/spending account and wellness initiatives.... Some best practices: [1] Include details about how to meet high deductibles and when the health plan starts paying covered benefits; [2] Specify how and when the savings/spending account gets funded and how employees can manage their funds; [3] Demonstrate the programs in action with clear instructions and examples; [4]Communicate the requirements for earning wellness program incentives[.]" (Healthcare Trends Institute)  

State Health Insurance Exchange Competition Grows
"The New Hampshire Insurance Department has just licensed Maine Community Health Options, the second federally-supported cooperative plan to enter the state, following the Massachusetts-based co-op Minuteman Health. Along with them, Harvard Pilgrim and Assurant Health will be selling plans for the first time in the exchange, leaving some New Hampshire residents with five choices of carriers, when just last year they only had one." (Healthcare Payer News)  

House Ways and Means Oversight Subcommittee to Hold Hearing on the Verification of Income and Insurance Information Under the ACA
"The hearing will take place on Tuesday, June 10, 2014 ... The hearing will focus on the government's ability to verify income and insurance information, ensure accuracy of premium tax credits, and the likely effect of these challenges on the 2015 tax-filing season.... [Comments for the record must be submitted] by the close of business on June 24, 2014." (Committee on Ways and Means, U.S. House of Representatives)  

[Opinion]

Let's Repeal, and Replace, the Employer Mandate
"[I]mplementing the mandate has proven to be an incredibly complex task.... [It] is not even clear that the employer mandate will actually result in decent coverage for employees.... Because the ACA is built on the assumption that individuals with employee benefits have coverage, it prevents individuals who accept employer coverage ... from qualifying for premium tax credits and cost-sharing reduction payments.... One obvious argument against repeal is that without the mandate employers will drop coverage, leaving their employees uninsured or forced to seek tax-subsidized coverage through the exchanges. This will impose greater costs on the federal government and on employees themselves." (Timothy Jost in Health Affairs Blog)  

[Opinion]

The Side Effects of Releasing Health Insurance Data to the Public
"Three of the five largest private health insurers in the US ... have decided to follow the lead of [CMS] and release their payment information to the public.... [T]his data will include 5 billion individual medical claims and $1 trillion in spending.... Providing researchers with access to the details of health insurance payments is an unprecedented and long-awaited opportunity to gain insights into the drivers of rising healthcare costs.... [U]nanticipated consequences ... may arise with unrestricted release of sensitive and complicated healthcare insurance data to the public." (The Brookings Institution)  

Final Regs Address Payments by Retirement Plans for Accident or Health Insurance, Provide New Rules for Purchasing Disability Insurance
"Although the final regulations provide guidance on the types of plan contributions that an insurance policy can make up for in the event of a participant's disability, they leave a number of unanswered questions, including what definition of 'disability' is used for this purpose. The final regulations also do not provide any guidance as to how to determine the amount of any pre-tax contributions that the employee would have otherwise elected to make had he or she not become disabled." (Troutman Sanders)  

DOL Reaches $5.25M Settlement with GreatBanc Trust
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

EdisonHealth Announces Ochsner Medical Center as a “Medical Destination of Excellence”
EdisonHealth Network LLC

HHS Announces the Availability of $300 Million in Affordable Care Act Funds to Expand Services at the Nation’s Community Health Centers
U.S. Department of Health & Human Services

Nixon Peabody Welcomes Former IRS Office of Chief Counsel Attorney & Assistant Branch Chief Carla A. Young
Nixon Peabody LLP

FSMA Releases Guidelines for New Chapters
Fiduciary Supply Management Association [FSMA]

Employee Fiduciary Announces Free 401(k) Fee Comparison Service
Employee Fiduciary, LLC

MassMutual Maintains Record High Marks from Retirement Plan Sponsors
MassMutual Retirement Services

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