Health & Welfare Plans Newsletter

October 7, 2014

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Employee Benefits Jobs

Part-time Retirement Planning Consultant
Transamerica Retirement Solutions
in AL

Plan Installation Manager
The Retirement Advantage, Inc.
in WI

DC Retirement Plan Administrator
Pension Plan Administration, LLC
in AR

Operations Specialist
Professional Capital Services
in PA

Defined Contribution Retirement Plan Administrator
Touchstone Retirement Group, LLC
in NY

Participant Service Center Representatives
New York Life Retirement Plan Services
in MA, NJ

Proposal Writer
New York Life Retirement Plan Services
in MA

Retirement Consulting Group Representative
New York Life Retirement Plan Services
in NJ

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Webcasts and Conferences

PPA Pre-approved Plan Workshop - PPD Document
October 21, 2014 WEBCAST
(SunGard Relius)

Hottest Legislative, Regulatory, Compliance and Ethic Issues
November 10, 2014 in TX
(ASPPA Benefits Council [ABC] of Dallas/Fort Worth)

Adopting PBM Formulary Exclusions: Pros and Cons for Health Plans and Purchasers
November 13, 2014 WEBCAST
(Atlantic Information Services, Inc)

What CMS’s 2015 Benchmarks and Landscape Files Mean for MA and Part D Product Planning and Marketing
November 18, 2014 WEBCAST
(Atlantic Information Services, Inc)

View All Webcasts and Conferences



ERISA's 'Overlapping Fields of Fire' Preempt Wisconsin's Family and Medical Leave Act
"The [Sixth Circuit] found that the [Wisconsin FMLA (WFMLA)] interfered with the uniform administration of the insurance company's ERISA-qualifying plan in the 49 states in which it operates -- precisely the burden that ERISA preemption is intended to prevent. The Sixth Circuit also found that the WFMLA was impliedly preempted by ERISA because it imposed conflicting obligations upon the plan administrator -- i.e., if the administrator complied with the obligation of one law, it would violate the obligation of another -- and obstructs the purposes and objectives of ERISA by interfering with 'nationally uniform plan administration.'" [Sherfel v. Newson, No. 12-4285 (6th Cir. Sept. 30, 2014)] (Foley & Lardner LLP)  


[Advert.]

Join us at IHC FORUM West November 10-12, 2014 in Las Vegas!

Sponsored by IHC [The Institute for HealthCare Consumerism]

Come to the ONLY national event 100% dedicated to health care consumerism progress, collaboration and educational content. We'll provide a real-time look in at this year's open enrollment results and much more. Sign up today for the lowest rates!



11th Circuit Says 'Show Me the Money' in Equitable Recovery of Medical Expenses Even After Disbursement or Commingling of Funds
"Can the Plan get reimbursed even when the beneficiary's settlement funds have been disbursed or commingled? Yes in the 11th Circuit.... '[A]ll that matters is that the beneficiary did, at some point, have possession and control of the specific portion of the particular fund sought by the insurer. Once [the individual] possessed these funds, the equitable lien by agreement attached [the 11th Circuit said] ... It matters not whether the settlement funds have been disbursed or commingled with other funds.'" [AirTran Airways Inc. v. Elem, Nos. 13-11738 & 13-14912 (11th Cir. Sept. 23, 2014)] (Lane Powell PC)  

District of Columbia's Expanded Paid Sick Leave Law Now in Effect (PDF)
"In addition to expanding the definition of employer, the amended law also redefines employee eligibility for paid leave by eliminating the 12-month and 1,000 hours of service threshold, and extends the leave entitlement to both temporary workers and to tipped employees who were not covered by the 2008 law." (Buck Consultants at Xerox)  

The Bucket List: Fun Movie and Now FMLA-Approved
"For the purpose of family medical leave, caring for a relative with a serious health condition need not be confined to providing medical treatment or furtherance of some medical treatment plan. And assisting that same person with the completion of his or her bucket list could very well constitute qualified leave." [Ballard v. Chicago Park District, No. 13-1445 (7th Cir. Jan. 28, 2014)] (Ice Miller LLP)  

Does Your Health Plan Span the Generations? (PDF)
"Balancing the needs of all members at all career phases will require plan trustees and sponsors to innovate and seek creative plan designs in order to ensure that members receive competitive benefits during their working careers and can retire with dignity. This article offers suggestions for trustees who are struggling to balance the current needs of their active members with the needs of those approaching retirement." (Benefits Magazine, published by the International Foundation of Employee Benefit Plans [IFEBP])  


[Advert.]

NBCH 19th Annual Conference -- November 10-12, 2014 - Washington, DC

Sponsored by National Business Coalition on Health [NBCH]

Employers, health plans, providers and other key stakeholders focus on improving health outcomes, lowering cost by benefit design, care management, payment reform, and reducing waste. Free admission for employers that are members of an NBCH coalition. Join us.



Employers Commit to Status Quo for Health Benefits, Offer Clear Rejection of Private Exchanges (PDF)
"In a stark departure from data results in similar industry polls, more than half (55%) of [survey] respondents say they will 'never' stop sponsoring employee health plans in favor of giving employees money to buy coverage through a private exchange. Only 5% already use a private exchange to provide employees' health benefits, and just 8% are considering such a move within the next three years.... Nearly 40% ... say they are maintaining current benefit plans and coverage levels, without increasing employee costs -- like deductibles, coinsurance, and copays. Close to one-third (32%) indicate they will maintain current benefit and coverage levels, but increase employee costs." [Infographic is also available.] (National Business Coalition on Health [NBCH])  

Wal-Mart Announces Increase in Employee Cost for Health Plan, Eliminates Healthcare Coverage for Part-Time Employees
"Like every company, Walmart continues to face rising health care costs. This year, the expenses were significant and led us to make some tough decisions as we begin our annual enrollment.... [O]ur most popular and lowest cost associate-only plan will increase by $3.50 to $21.90 per pay period -- still half the average premium other retail employees pay.... We will continue to provide affordable health care to all eligible associates, including part-time, who work more than 30 hours. However, similar to other retailers like Target, Home Depot, Walgreens and Trader Joe's, we will no longer be providing health benefits to part-time associates who work less than 30 hours. This will impact about 2% of our total U.S. workforce." (Wal-Mart)  

The Range of Base Premiums in the Individual Market by County in January 2013
"GAO is reporting the range of base premiums prior to underwriting for individual market health insurance plans as displayed on the HealthCare.gov Plan Finder in January 2013 for every county in each of the 50 states and the District of Columbia. The base premiums reflected information from data submitted by insurers to [CCIIO] ... The data represent the base premium amount, rather than the actual premium amount, an individual may have been charged, because in 2013 insurers could have imposed different premiums on individuals on the basis of a variety of factors." [Published Sept. 5, 2014; Publicly released Oct. 6, 2014] (U.S. Government Accountability Office [GAO])  

Wal-Mart Adds In-Store Program to Help Customers Compare Insurance Offerings
"Wal-Mart is teaming with DirectHealth.com, an online insurance comparison site and independent health insurance agency, to set up counters in its stores where consumers can talk to licensed agents about plan options." (The Washington Post; subscription may be required)  

Economic and Event Outcomes of Members with Carve-In Versus Carve-Out Pharmacy Benefits: A Two-Year Cohort Study (PDF)
"When purchasing health insurance, decision makers are faced with the question of whether to include the pharmacy benefit as part of the total health package -- a carve-in model -- or to treat it as a separate benefit administered by an external pharmacy benefit manager -- a carve-out model.... [T]he carve-in group had a relative cost of 0.89, equating to an 11 percent lower [per member per year (PMPY)] total medical cost in the carve-in group compared to the carve-out group after adjusting for the baseline differences ... [T]he adjusted ... PMPY medical costs were $3,506 for carve-out and $3,176 for carve-in for a $330 lower PMPY within the carve-in." (Prime Therapeutics)  

[Opinion]

The Need for a Comprehensive, Current, and Market-Representative Health Care Cost Benchmark
"A recent [article] posited an interesting solution to ever-increasing health care costs, suggesting that imposing price caps on all medical services, equal to 125 percent of the Medicare payment, would serve to eliminate wide variations in quoted prices for health care services.... Medicare does not assign a value to all codes; a separate system would be needed to price services not addressed by Medicare's fee schedule. Also, Medicare's reimbursement levels can be influenced by governmental imperatives and therefore may not be truly representative of market costs.... Procedures such as those already adopted in New York are far more likely to receive broad support than would a price cap." (Health Affairs)  

Benefits in General; Executive Compensation

Recent Policy Survey Previews Potential Changes in ISS Proxy Voting Policies for 2015
"While ISS will be significantly revising its approach to evaluating equity plan proposals, [the authors] expect that ISS will adopt an approach that assigns weights to each of the categories consistent with the survey results ... [I]nvestor respondents indicated that they support weighing a combination of plan features and grant practices somewhat more heavily than plan cost alone. If ISS assigns substantial weight to the plan features category, then the balanced scorecard approach would likely introduce a significant lack of predictability and clarity to ISS's evaluation process for equity plan proposals. In addition, it would provide issuers less latitude in designing plan terms by encouraging issuers to simply hard code ISS compliant provisions in their equity plans." (Meridian Compensation Partners, LLC)  

Executive Compensation: Stock Plans and Awards (PDF)
18 presentation slides. Topics include: [1] Life Cycle of Stock Plans; [2] Stock Awards Overview; [3] Stock Option Basics; [4] Stock Appreciation Rights; [5] Restricted Stock; and [6] Performance-based Awards. (American Benefits Council)  

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