Employee Benefits Consultant
Lockton Insurance Brokers, LLC
in CA

Benefits Operations Administrator
General Board of Pension and Health Benefits
in IL

Employee Benefits Attorney
Private and Public Sector Law Firm
in WI

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

Pension Plan Administrator - Defined Benefits / Defined Contributions
Primark Benefits
in CA

Employee Benefits Attorney
Graydon Head & Ritchey, LLP
in OH

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Transitional Reinsurance Program: Contributing Entities and Counting Methods
July 14, 2014 WEBCAST
(U.S. Department of Health & Human Services)

Executive Pay Basics: The In-House Perspective
July 16, 2014 WEBCAST
(CompensationStandards.com)

The Mature ESOP: Making Sure Everyone's an Owner
September 24, 2014 WEBCAST
(Beyster Institute)

2014 IHC FORUM West Conference
November 10, 2014 in NV
(Institute for HealthCare Consumerism)

View All Webcasts and Conferences

[Guidance Overview]

Final ACA Regs Permit One-Month Orientation Period (PDF)
"[A]pplicable large employers wishing to impose an orientation period as a substantive condition of plan eligibility should consider the timing of the employer shared responsibility requirements in determining plan waiting period rules if they want to avoid assessable payments. A plan that imposes a one-month orientation period in conjunction with a waiting period can avoid an assessable payment by ending the waiting period on the first day of the fourth full calendar month of employment." (Buck Consultants)  

[Guidance Overview]

IRS Issues Final Regs for Small Business Health Care Tax Credit
"There are no big surprises in these final regulations, but the modifications provide some helpful clarification ... It is interesting to read the preamble's description of the comments received, which included requests for changes, such as counting only employees who work 40 hours per week, providing hours adjustments for teachers on school break, or eliminating the two-year limitation, that could not be made under the existing statutory framework." (Thomson Reuters / EBIA)  

[Guidance Overview]

Proposed Regs and Related Guidance Address Exchange Eligibility Redeterminations and Enrollment
"As 2015 Exchange enrollment approaches, the regulators seem focused on promoting continuity of existing coverage and clarity of communication.... Large employers would particularly appreciate accurate affordability assistance determinations, since full-time employees receiving premium tax credits may trigger Section 4980H liability starting in 2015. And insurers will want to study the draft notices (and instructions), which require a great deal of individualized information." (Thomson Reuters / EBIA)  

The Wheaton College Decision: Supreme Court Extends Right to Object to Contraception to at Least Some Religious Nonprofits
"Expanding the rights of religious opponents of birth control, a divided Supreme Court ... spared an Illinois college -- and maybe hundreds of other non-profit institutions -- from obeying government regulations that seek to assure access to pregnancy prevention services for female workers and students. In the same order, the majority essentially told the government to modify its own rules if it wants to keep those services available." [Wheaton College v. Burwell, No. 13A128 (U.S. July 3, 2014)] (SCOTUSblog)  

The Hobby Lobby Decision: What Employers, Insurers and TPAs Need to Know
"[W]ho controls the company appears to be a consideration in whether a company is closely held, such that the beliefs of the owners are reflected by the company. Size does not appear to be a factor -- either in terms of the number of employees or the receipts or income of the company.... Insurers will need to review state law requirements, including independent contraceptive coverage mandates and those that flow through from the ACA, to determine what state law continues to apply and how state laws will be enforced." [Burwell v. Hobby Lobby et al., No. 13-354 (U.S. June 30, 2014)] (Alston & Bird, LLP)  

Hobby Lobby Decision Strengthens Religious Exemption Claims (PDF)
"The Hobby Lobby decision gives religious organizations additional protection to accomplish their respective religious missions without being required to sacrifice their religious character.... Among other things, religious organizations should document clearly their religious beliefs regarding current social trends and specific actions that would violate their religious beliefs. They should also document how their various activities and policies reflect their religious beliefs and further their religious mission." (Bryan Cave LLP)  

New HIPAA Reports to Congress Shed Light on Accelerating OCR Enforcement
"Key takeaways for covered entities and business associates: OCR is ramping up enforcement.... OCR is focused on Security Rule enforcement.... OCR recommends covered entities and business associates pay particular attention to compliance regarding key aspects of the Security Rule.... This includes: Risk analysis and risk management.... Security evaluation.... Portable electronic devices.... Physical access controls.... Proper disposal.... Business associates may represent a particularly high risk, as their breaches often affect more individuals." (Davis Wright Tremaine LLP)  

Consider Fiduciary and Other Risk Management When Planning for ACA Transitional Reinsurance Costs, Other Plan Design Changes
"Plan sponsors and their fiduciaries historically have underappreciated the significance of [the allocation of fiduciary and other responsibilities among plan sponsors and their advisors, administrators and insurers] or presumed that their vendor contracts allocate responsibility to the service providers and vendors to match the sales pitch. Always rarely the case, the changes in the marketplace and the law make it even more likely that sponsoring employers and their leaders of even plans that carefully reviewed and negotiated these responsibilities in their past contracts need to carefully look at these plan and contractual terms carefully." (Solutions Law Press)  

How the States Are Implementing the ACA's Consumer Protection Provisions
"[B]ecause states remain the primary regulators of health insurance and have considerable flexibility over implementation of the law, consumers are likely to experience some of the new protections differently, depending on where they live. This brief explores how federal reforms are shaping standards for individual insurance and examines specific areas in which states have flexibility when implementing the new protections." (The Commonwealth Fund)  

Implications for Plan Sponsors of Obesity's Designation as a Disease (PDF)
"Ultimately, prudent plan sponsors will get ahead of this issue and structure benefit coverage to support effective weight reduction and management programs in a manner that reduces wasteful spending and holds providers and patients accountable for taking action to best manage this disease.... An organizational culture that supports health improvement, empathy and respect toward others will go a long way toward helping individuals develop and maintain new positive health habits. The potential savings are substantial." (Segal Consulting)  

Employers, Employees Increasingly at Odds Over Wellness Incentives
"While wellness programs in general enjoy broad public support (76 percent of respondents), a majority (62 percent) oppose requiring employees to pay more for health coverage if they do not participate ... Even more respondents (74 percent) said it was 'not appropriate' to charge employees more who fail to meet certain health-related goals.... Meanwhile, employers continue to direct more financial resources toward wellness programs and other health benefits, according to a separate survey[.]" (Thompson SmartHR Manager)  

Obama Administration Seeking Ways to Require or Provide Contraception Coverage
"One proposal the White House is studying would put companies' insurers or health plan administrators on the spot for contraceptive coverage, with details of reimbursement to be worked out later. Another would give the administration itself a larger role in offering cost-free coverage to women who cannot get it through their employers ... Administration officials said they were determined to ensure the broadest possible coverage of contraceptives for the largest number of women without requiring employers to violate their religious beliefs." (The New York Times; subscription may be required)  

Big Cyber Hack of Health Records Is 'Only a Matter of Time'
"As health data become increasingly digital and the use of electronic health records booms, thieves see patient records in a vulnerable health care system as attractive bait ... On the black market, a full identity profile contained in a single record can bring as much as $500. The issue has yet to capture attention on Capitol Hill, which has been slow to act on cybersecurity legislation." (Politico)  

[Opinion]

Is Wheaton College Decision at Odds with Hobby Lobby?
"After reading Marty Lederman's post on the Wheaton College decision, and rereading the federal regulations, [the author concluded] that Justice Sotomayor, Judge Posner, and [he] were wrong in contending that the Form 700 served no other purpose than to communicate Wheaton College's religious beliefs to its third-party administrator (TPA).... Form 700 also, under the federal regulations, has the effect of authorizing the TPA to serve as plan administrator in providing contraceptive benefits. The extent to which this imposes an impermissible substantial burden on Wheaton College's free exercise of religion is a debatable question, but the Court could conclude consistent with Hobby Lobby that it does." [Wheaton College v. Burwell, No. 13A128 (U.S. July 3, 2014)] (Timothy Jost in Health Affairs)  

CFO Survey Shows Trends in Managing Financial Risks of Retirement and Benefits Programs (PDF)
"[Financial executives] show a growing awareness of, and interest in, DB plan liability transfer solutions, as well as increased interest in liability-driven investment (LDI) strategies for their DB plan portfolios.... Many ... perceive a trend toward employees extending their careers beyond historical retirement ages.... Controlling the employer's cost for company-provided healthcare benefits remains the number-one benefits priority[.]" (CFO Research, for Prudential)