Health & Welfare Plans Newsletter

November 14, 2014

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Employee Benefits Jobs

Conversion Specialist
The Newport Group
in NC

Internal Wholesaler - Retirement Solutions, Emerging Markets
Transamerica
in CO

AVP-Sales Desk - Retirement Solutions, Emerging Markets
Transamerica
in CO

Retirement Benefits Analyst
Plan Sponsor Advisors, a division of Pavilion Advisory Group Inc.
in IL

Internal Sales Support Associate - Retirement Solutions, Emerging Markets
Transamerica
in CO

Sales Manager
Prime Pensions, Inc.
in DE, MA, NJ, NY, PA

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Webcasts and Conferences



[Official Guidance]

Text of CMS FAQs: Reporting Certain Incidents to CMS Under the 2015 QHP Certification Agreement and Privacy and Security Agreement (PDF)
Unnumbered document dated Nov. 12, 2014. "The 2015 QHP Agreement requires QHP issuers to report 'any Incident or Breach of PII' to the CMS IT Service Desk by telephone or email notification within seventy-two [72] to ninety-six [96] hours after discovery of the Incident or Breach.... CMS acknowledges that there may be some unintentional disruptions to a QHP issuer's system or its data which may not be unlawful and/or pose a risk to a consumer's PII, the QHP issuer, and CMS." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  


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[Guidance Overview]

New Annual Reporting Requirements for Employers Under the ACA
"The IRS will impose penalties for failure to timely provide correct written statements to employees. The IRS will also impose penalties for failure to timely file a correct return. For the 2016 reporting on 2015 data, the IRS will not impose a penalty for good faith compliance. However, the IRS specified that good faith compliance requires that employers provide the statements and file the returns." (Liebert Cassidy Whitmore)  

CMS Reinsurance Payments Presentation, November 13, 2014 (PDF)
41 presentation slides. "This training will provide an overview of the individual enrollee-level reinsurance calculations that will occur on the EDGE server. This is the first step in the reinsurance payment calculation process. Future trainings will cover additional steps in the payment process: Reinsurance estimate reports; Payment process and timeline; Walkthrough of examples of claim and enrollee selection rules; [and] Discrepancy and appeal reporting." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

CMS Presentation: Marketplace Payment Process for 2015 New Issuers, November 12, 2014 (PDF)
57 presentation slides. Topics: [1] Describe the process for paying new 2015 Issuers Advance Payments of the Premium Tax Credit (APTC) and Advance Cost-sharing Reduction (CSR) Payment amounts beginning in January 2015. [2] Provide information on the timeline and data needed from Submitters for CMS to generate estimated payments. [3] Discuss the technical support and communications process between CMS and Submitters during the data submission process. (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

Employers with Workers in Multiple States Face Challenges Using SHOP Exchanges
"Employers looking to offer coverage through SHOP must create a HealthCare.gov account, upload an employee roster and select the level of coverage they want to offer to their workers. But each state has varying options and regulations for selecting plans, and possibly different access points." (Kaiser Health News)  


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How to Jump-start Your Corporate Wellness Program
"[1] What do employees know about their own health? ... [2] What messages are being delivered? ... [3] Do you know your workforce?" (HealthFitness)  

Consumers Want to Choose Their Own HSA Financial Institutions
"More than half of consumers indicated that they would highly value the ability to choose their own HSA financial institution, rather than have their employer choose it for them. Forty-one percent of consumers want their HSAs to be managed by the same financial institution that manages their other deposit and investment accounts." (Alegeus Technologies)  

U.S. Wants Another ACA Case Put on Hold
"The federal government's opening brief in the Tenth Circuit case is now due on November 18, but the Justice Department asked for a seven-day extension. 'The extension is requested,' the motion said, 'because the federal government intends to move to hold this appeal in abeyance pending the Supreme Court's decision in King v. Burwell, which presents the same issue as this case.' " [Oklahoma ex rel. Pruitt v. Burwell, No. CIV-11-30-RAW (E.D. Okla. Sept. 30, 2014)] (SCOTUSblog)  

Fifth Video Emerges, Showing Gruber Mocking Man Worried About Obamacare
"The video is the fifth in string of videos to surface this week in which [MIT economist Jonathan] Gruber publicly mocks citizens or boasts of his use of deception in crafting health care policies. Gruber is being paid $400,000 by the state of Vermont to advise Gov. Peter Shumlin on how to finance Act 48, Vermont's single-payer health care law. His recommendations will be presented to the Vermont Legislature in January." (Bruce Parker, in The Daily Signal)  

[Opinion]

The Policy at the Heart of the Jonathan Gruber Controversy
"[T]he Obama administration officials and congressional Democrats who were writing the [ACA] had strong political incentives to ensure that the individual mandate they proposed would fit the C.B.O.'s definition of things that don't have to be counted on the federal government budget.... [T]his wasn't some obscure debate in which no one at the time knew what was going on. There was clear public guidance from the C.B.O. on how the individual mandate had to be devised in order to not move trillions of dollars of health care expenditures onto the federal budget, and the writers of the law used that guidance to make it so." (The New York Times; subscription may be required)  

Benefits in General; Executive Compensation

CEOs Strategically Time Corporate News Releases to Coincide with Months in Which Their Equity Vests
"There is reason to expect the SEC to pursue enforcement efforts.... Public companies will be smart to take steps to minimize their exposure because the next executive compensation scandal to reach headlines could involve the selective use of corporate news releases to increase stock prices in months when executives are cashing-out their stock awards. Developments such as these are often just right for inclusion in an annual (or more frequent) litigation update for audit and/or compensation committees." (Paul Hastings LLP)  

Legal Memorandum from Counsel Protected from Disclosure Despite Dissemination to Third Parties
"When a client disseminates a legal memorandum prepared by its attorneys to contractual partners relating to ERISA compliance responsibilities, is that memorandum protected by privilege in subsequent litigation by third parties? ... [T]he Court held that the memorandum, 'aimed as it was at securing compliance with the requirements of ERISA, was protected by the common interest doctrine and the attorney-client privilege.' " [In re Bank of New York Mellon Corp. Forex Transactions Litig., Nos. 12-md-2335, 11-cv-6969 (S.D.N.Y. Nov. 10, 2014)] (Health Plan Law)  

Projected Savings Needed for Health Care in Retirement Continue to Fall
"[S]avings targets declined between 2 percent and 10 percent between 2013 and 2014. For a married couple both with drug expenses at the 90th percentile throughout retirement who wanted a 90 percent chance of having enough money saved for health care expenses in retirement by age 65, targeted savings fell from $360,000 in 2013 to $326,000 in 2014." (Wolters Kluwer Law & Business)  

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