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An Update on DOL Disclosures - Recorded
July 8, 2014 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

The ASPPA Restructuring Proposal – What’s Next? - Recorded
July 10, 2014 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

Overview of Tax Practice Ethical Rules and the Office of Professional Responsibility (OPR) - Recorded
July 15, 2014 WEBCAST
(IRS [Internal Revenue Service])

Individual Shared Responsibility Provision – What You Need to Know - Recorded
July 16, 2014 WEBCAST
(IRS [Internal Revenue Service])

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[Guidance Overview]

The ACA Excise Tax on High-Cost Health Plans (PDF)
"This [article] discusses what plans and coverage are subject to the tax, what entity is responsible for paying the tax, how the total cost of coverage is calculated, how the basic thresholds will be adjusted, and how the excise tax potentially affects calculations of the value of post-retirement health benefits. It closes with options for plan sponsors to consider in order to shield the plan from the tax." (Segal Consulting)  

[Guidance Overview]

Protecting Patient Data in the Cloud: Understanding New HIPAA Compliance Requirements
"When you're determining which business associate to hire, it's important to understand the terms that consultants and associates use to describe their services. HIPAA-compliant refers to software and data storage systems that have controls based on three categories of safeguards: administrative, physical, and technical. Each category includes shared responsibilities for the cloud provider, along with safeguards that are the sole responsibilities of each. A 'HIPAA-compliant' service has been found in compliance with the HIPAA Security and Privacy Rules. HIPAA-certified is a term consultants sometimes use to claim their work is HIPAA-compliant, but the HHS and its Office for Civil Rights (OCR) do not certify any persons or products as 'HIPAA-certified.'" (Moss Adams LLP)  

Eleventh Circuit Declares Tracing Not Required for ERISA Liens
"This case greatly increases the leverage plans have when negotiating with a participant's personal injury attorney, because if the attorney does not cooperate and tries to settle out from under the plan, the plan can sue the attorney to recover the funds he or she received and its attorneys' fees under ERISA Section 502(g)." [AirTran Airways Inc. v. Elem, Nos. 13-11738 & 13-14912 (11th Cir. Sept. 23, 2014)] (Paul Hastings LLP)  

Don't Be Tripped Up by Light Duty Obligations under the FMLA, ADA and PDA
"[T]he EEOC takes the position (for the first time) that the Pregnancy Discrimination Act (PDA) requires employers to offer temporary light duty assignments to pregnant employees with work restrictions if the employer provides the same accommodation to non-pregnant employees who have similar work restrictions. The EEOC's guidance is groundbreaking, and its impact will affect the manner in which employers provide accommodations to their employees." (Jeff Nowak, via Society for Human Resource Management [SHRM])  

Important Reminder About the Risk of Unexpected FMLA Liability
"Many courts are imposing FMLA liability on employers with respect to employees who are otherwise not eligible for FMLA leave because the employer's actions have misled the employee into believing that he/she is entitled to FMLA leave benefits.... [C]ourts have held that the FMLA applies -- even if the employer is not a 'covered employer' or the employee is not an 'eligible employee' -- based on the equitable estoppel doctrine. These court decisions provide that equitable estoppel applies if [1] the employer misrepresented the availability of FMLA leave; [2] the employee reasonably relied on the misrepresentation; and [3] the employee suffered a detriment because of reasonable reliance on the misrepresentation." (Snell & Wilmer)  

[Advert.]

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

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.

Five ACA Issues That Employers Should Be Following
"[1] The ACA may have its day in court ... again ... [2] Planning for employer mandate reporting can begin... [3] How to minimize Section 510 liability... [4] If it sounds too good to be true, then it probably is... [5] The Cadillac tax is barreling down the road." (Epstein Becker Green)  

Excepted Benefits Under the ACA
"Because dental, vision, and long-term care benefits and employee assistance programs are typically limited in nature, without an exception to the ACA requirements, these programs could violate ACA and trigger significant penalties for their sponsors.... Fortunately, the government agencies overseeing the enforcement of the ACA have provided relief for employers offering these plans.... In the end, employers and issuers are free to continue offering EAPs with major medical plans provided the EAP is ancillary to a major medical plan, it does not cost the employees anything and use of the EAP is not a 'gatekeeper' to accessing the major medical benefits." (Holland & Knight)  

What a Platform Is -- and Isn't -- for Your Wellness Program
"It acts as the digital hub for all health management programs and rewards tracking, promoting resources to take action toward personal health goals. It supports your entire population to become active and informed about their health, as it extends access to wellness programs to mobile and highly dispersed employee groups. It serves as a conduit to engage participants who are ready to change -- as well as those who are not -- and identifies personalized next steps to help move them along the path to living well." (HealthFitness)  

Wellness Programs Get a Health Check
"[E]mployers are treading carefully when it comes to toughened wellness programs, ... as two federal lawsuits raise the volume on concerns about workers' privacy and the border between voluntary and compulsory participation. The suits, and the lack of firm guidance from the Equal Employment Opportunity Commission, which brought them to court, complicates an already fraught question: How to get involved in employees' well-being without sowing discontent among the workforce or inviting legal and ethical complaints." (The Wall Street Journal; subscription may be required)  

2015 Medicare Part B Premiums and Deductibles to Remain the Same as Last Two Years
"Medicare Part B covers physicians' services, outpatient hospital services, certain home health services, durable medical equipment, and other items. For the approximately 49 million Americans enrolled in Medicare Part B, premiums and deductibles will remain unchanged in 2015 at $104.90 and $147, respectively." (U.S. Department of Health and Human Services [HHS])  

Another Court Rejects Premium Tax Credits in Federal Exchanges under ACA (PDF)
"The Pruitt case was brought by Oklahoma's Attorney General, who argued that based on the language of the Act, only individuals participating in state-run exchanges could receive these credits, not individuals in the majority of states (including Oklahoma) where the exchange is run by the federal government. Pruitt comes on the heels of two contradictory appellate court rulings on this issue, and a fourth case dealing with the IRS rule will soon be heard in a federal district court in Indiana." (Congressional Research Service [CRS])  

[Opinion]

The 'Most Transparent Administration' Puts a Gag Order on Healthcare.gov Testing
"The administration reminded insurers that their confidentiality agreement with the Obama administration means that insurance executives 'will not use, disclose, prescribe, post to a public forum, or in any way share Test Data with any person or entity, included but not limited to media...' This includes any 'results of this testing exercise and any information describing or otherwise relating to the performance or functionality' of the Obamacare enrollment and eligibility system." (Bob Laszewski's Health Care Policy and Marketplace Review)  

ISS 2014-2015 Policy Survey: Views on Executive Compensation from Investors and Companies Differ
"Investors and companies had differing views on the relationship between performance goal setting and target award values.... ISS plans to implement a 'balanced scorecard' in evaluating plan proposals ... Both investors and companies signaled that plan cost should have the highest weighting among the three categories, followed by plan features and grant practices, respectively.... When evaluating Say on Pay, a majority of investor respondents (63%) indicated positive changes that will be implemented to the compensation program in the succeeding year can 'somewhat' mitigate pay-for-performance concerns for the year in review, a view held by 34% of company respondents." (Steven Hall & Partners)  

A New Approach to Abuse of Discretion Review in the Ninth Circuit
"The Ninth Circuit Court of Appeals recently applied a searching analysis under the abuse of discretion standard of review -- one that takes into account all circumstances and will not uphold denial simply if there is a single reasonable basis to deny benefits -- even where there was no finding that a conflict of interest existed.... The court emphasized that it will not uphold a claims decision simply because it is supported by 'any reasonable basis,' as the court had [previously] held ... In addition, the Ninth Circuit suggested that the admission of extrinsic evidence -- even where the abuse of discretion standard applies -- may be appropriate in ERISA cases where the administrative record is not sufficient." [Pacific Shores Hospital v. United Behavioral Health, No. 12-55210 (9th Cir. Aug. 20, 2014)] (Trucker Huss via Lexology)  

Imminent Transition to Holistic Health and Retirement Benefits for Businesses (PDF)
"Thirty-nine percent (39%) of businesses are interested in transitioning to a defined contribution plan for both health and retirement benefits. Over half (55%) believe that they will make the transition to a plan for both health and retirement benefits in one to three years. Thirty percent (30%) of businesses have at least half of their employees enrolled in a Health Savings Account (HSA) compatible plan. The top concern in developing an employee benefits strategy is cost (74%) followed by the employer contribution amount (49%). The majority (79%) of respondents are concerned that employees will cut back retirement contributions due to the rising cost of health care." (Manning & Napier)  

Health and Retirement: Planning for the Great Unknown (PDF)
"As boomers move into their later years, health will be the ultimate retirement wildcard. For many, health can be the difference between a retirement of opportunity, independence, and financial security -- or of worry and financial challenges.... [This study] uncovers the challenges of planning for health and health care expenses in retirement, and reveals strategies to set a course for a healthier and more financially secure retirement[.]" (Merrill Lynch)  

SageView Welcomes New Associates and MidWest Region Lead
SageView Advisory Group

Lincoln Financial's Retirement Plan Services Business Announces In-Plan Guarantee Innovation
Lincoln Financial Group

Dena B. Calo Joins Saul Ewing, Further Strengthening the Firm's Labor, Employment and Employee Benefits Practice
Saul Ewing LLP

CalPERS Selects GCM Grosvenor to Run $200 Million Private Equity Emerging Manager Fund-of-Funds
CalPERS [California Public Employees' Retirement System]

OneAmerica Opens New Office for Retirement Services in Honolulu
OneAmerica Financial Partners

Four New Members Join Benefit Advisors Network
Benefit Advisors Network

US Department of Labor Files Suit to Restore Losses to Employee Benefit Plan of Raydar Inc. in Odon, Indiana
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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