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July 3, 2014          Get Retirement News  |  Advertise
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Employee Benefits Jobs

Plan Administrator
BlueStar Retirement Services, Inc.
in FL

Retirement Plan Manager
Sonepar USA
in SC

Account Representative
A&I Benefit Plan Administrators, Inc.
in OR

Member Services Representative
A&I Benefit Plan Administrators, Inc.
in OR

Operations Manager
A&I Benefit Plan Administrators, Inc.
in OR

Benefit Specialist - Pension
A&I Benefit Plan Administrators, Inc.
in NE, OR

Financial Planning Assistant
Fiduciary Partners Retirement Group, Inc.
in FL

Temporary Benefit Analyst
Milliman
in CA

401(k) Consultant
Creative Retirement Systems, Inc.
in OH

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Webcasts and Conferences

Modified COBRA Notices for the ACA Environment
July 22, 2014 WEBCAST
(Morgan Lewis & Bockius LLP)

What the New Healthcare Law Means for Your Small Business
July 24, 2014 WEBCAST
(Small Business Majority)

Health Plan/Employer Strategies for Implementing Narrow Pharmacy Networks
August 12, 2014 WEBCAST
(Atlantic Information Services, Inc)

FMLA Update
September 11, 2014 in AZ
(Worldwide Employee Benefits Network [WEB] - Phoenix Chapter)

View All Webcasts and Conferences


  LinkedIn   Twitter   Facebook Hand-picked links to the web's best news articles,
official guidance, jobs, webcasts and more.

Illinois High Court Rules State Constitution Requires Free Lifetime Health Benefits for Retired State Workers
"The 6-to-1 decision allows class-action challenges to a 2012 Illinois law that gave the state the right to impose healthcare insurance premiums on its retired workers to proceed. The challenge to a state effort to change healthcare benefits centered on a constitutional provision that membership in any public sector pension or retirement system 'shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.'" (Reuters)  


[Advert.]

2014 Employee Well-Being Bootcamp for HR, Benefits and Wellness Professionals

Sponsored by World Congress

The conversation on employee wellness begins with the fundamentals. Take a fresh look at the evolution of wellness, innovative initiatives, and building programs founded on reconciling business goals with employee health accountability. July 23-24, Boston.



Impact of the Supreme Court's Hobby Lobby Decision
"[T]he Hobby Lobby Stores case arose in the context of government enforcement of large tax penalties, not claims for benefits by individual plan participants.... It is possible that an employee may challenge the exclusion of contraceptive coverage as a violation of the ACA and this could lead to a review the employer's action. An employee might also bring suit based on this.... If state law mandates the health plan provide contraceptive coverage, the employer would need to assess the state law." (Dorsey & Whitney LLP)  

Religious Freedom for Corporations? Hobby Lobby Decision Breaks New Ground
"It has been suggested that a ruling in favor of Hobby Lobby and Conestoga Woods could invite additional religious objections for insurance coverage mandates (such as immunizations and blood transfusions) or cause discriminatory employment practices veiled as religious practice or belief. The Court attempted to ease these fears by noting this opinion does not mean that all mandates will fail. Each challenge must separately consider the government's compelling interest and whether the least restrictive means in achieving that interest has been applied." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Nixon Peabody LLP)  

Closely Held Corporations Get Religion -- and Maybe Lose Contraception Coverage
"[E]mployers also will have to review the possible application of any state laws that might require contraception coverage despite the holding in [Burwell v. Hobby Lobby]. Many states have enacted laws that require employers that offer prescription drug coverage to cover certain contraceptives as well. Since the Court's decision in Hobby Lobby was based on the application of the RFRA, it does not invalidate those state laws (although employers that sponsor self-funded plans may be able to evade such state laws under ERISA's preemption doctrine)." (Porter Wright Morris & Arthur LLP)  

Religious Freedom Law Exempts Certain Employers from ACA Contraceptive Mandate, Supreme Court Holds
"This decision will require further action from HHS, but it is uncertain how the agency will respond to the need for a less restrictive alternative for for-profit corporations. Direct payment for these contraceptive methods by the government is not likely, and the exemption given to religious nonprofit corporations is the subject of lawsuits brought by some of the entities exempted from the rules. Prompt guidance from HHS would be helpful on this matter." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Ballard Spahr LLP)  

HIPAA Audits Are Coming (Again): Are You Ready?
"The actual audits of covered entities will be conducted from October 2014 through June 2015 and for the most part will be internally staffed and involve desk audits.... The Phase II audits will be more narrowly focused based on the deficiencies identified in the Phase I audits.... Business Associates will also be audited.... Plan sponsors should pay particular attention to the targeted audit areas: Notice of Privacy Practices.... Individual Access.... Safeguards and Training.... Breach Notification.... Security Rule." (Benefits Bryan Cave)  

Health Insurers in New York Request Double-Digit Premium Increases
"The six most popular plans on the state's exchange requested double-digit increases in their premium rates for next year, with an average request of a 14.6 percent rate hike.... Last year, insurers requested 9.5 percent increases in premiums for their individual plans, but the state Department of Financial Services, which regulates insurers, approved, on average, only a 4.5 percent increase." (Capital New York)  

Wellness Benefit Utilization Among Participants in Consumer-Directed Health Plans (PDF)
"Four-fifths (81 percent) of individuals with an HSA participated in a health-risk assessment, compared with 66 percent of individuals with an HRA, and nearly two-thirds (63 percent) of individuals with an HAS participated in a health-promotion program, compared with 48 percent of individuals with an HRA. Over four-fifths (83 percent) of individuals with an HSA participated in biometric screening, compared with 72 percent of individuals with an HRA." (Employee Benefit Research Institute [EBRI])  

2014 Issue Statement for the ERISA Advisory Council: PBM Compensation and Fee Disclosure
"[T]he Council is examining the current status of the need for and potential scope of compensation and fee disclosures by [pharmacy benefit managers (PBMs)] under Section 408(b)(2), whether such information is necessary for plan administrators to determine if reasonable compensation is being paid for PBM services under the statute, and how mandatory compensation and fee disclosures might impact the provision of prescription drug services to participants and beneficiaries of health care benefit plans and the costs of plan administration. Except as background and as it may relate to PBM compensation and fee disclosure, this Scope Statement is not intended to include an examination of whether PBMs are fiduciaries under ERISA." (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])  

Health Care Coverage Under the ACA: A Progress Report
"Taking into account all the health insurance expansions initiated by the [ACA], an estimated 20 million Americans have gained coverage as of May 1, 2014.... In 2010, the ACA began requiring all insurers to allow young adults up to age 25 to enroll in a parent's health plan. About 7.8 million men and women ages 19 to 25 enrolled in a parent's plan last year; most would have been ineligible to do so without the law." (The Commonwealth Fund)  

[Opinion]

Hobby Lobby Case Provides Another Reason to Get Employers Out of Health Care System
"We need to remove employers from the health care debate altogether. It isn't any of their concern whatsoever whether their employees choose one form of birth control or another. The appearance that they are paying for the contraception (even though they really are not) has served to give them a voice they shouldn't have." (Pekin Times)  

[Opinion]

Florida's ACA Future Is Bleak, Starting in 2017
"In two years, the ACA's structural problems will lead to substantial premium increases. Once that happens, Floridians will likely leave the insurance market in droves. They'll have little choice -- they won't be able to afford health insurance because federal subsidies won't keep up with the rapid price increases. Within a decade, this could swell the ranks of the state's uninsured by 45 percent.... But why won't this happen until 2017? Because that's the year when the [ACA] goes into full effect and certain temporary provisions begin to sunset. The changes will affect all plans sold for 2017 and beyond." (Tampa Tribune)  

Benefits in General; Executive Compensation

2014 Issue Statement for the ERISA Advisory Council: Outsourcing Employee Benefit Plan Services
"Our study will focus on: [1] Identifying current industry practices and trends regarding the types of services being outsourced (both fiduciary and non-fiduciary) and the market for delivery of those services ... [2] Clarifying the legal framework under ERISA for retaining outsourced service providers...[3] Making recommendations to DOL about current best practices in selecting and monitoring outsourced service providers ... [4] For fiduciary services, exploring the differences between status as a fiduciary under ERISA section 3(16), 3(21) and ERISA section 3(38) and the scope of co-fiduciary liability in the outsourcing context; [5] Identifying current contracting practices with respect to outsourced services ... [6] Examining insurance coverage and ERISA bonding practices." (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])  

Defense Department Would Get the Most Budgetary Mileage by Walking Back Recent Benefit Increases
"The most significant compensation reduction option, CBO found, would come from cutting retirement pay for veterans already receiving disability payments from the Veterans Affairs Department. Prior to 2004, military retirees --- former personnel with 20 years of service --- had their retirement pay reduced by the amount of any VA disability compensation they also received. Moving back to that system would save Defense $108 billion over the next decade, according to CBO." (Government Executive)  

Approaches to Reducing Federal Spending on Military Pay and Benefits
Slides from a presentation dated June 30, 2014. Approaches (including arguments for and against) include: [1] cap increases on basic pay for military service members; [2] replace some military personnel with civilian employees; [3] increase TRICARE cost-sharing for retirees; and [4] eliminate concurrent receipt for disabled veterans. (Congressional Budget Office [CBO])  

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