Health & Welfare Plans Newsletter

November 18, 2014

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Employee Benefits Jobs

Associate - Compensation Consulting
Verisight, Inc.
in IL, WI

Pension Consultant In-Training/Marketing Support
Associated Pension Consultants
in CA

Benefit Associate
Taft Hartley Benefit Fund
in NY

DB Pension Analyst
Milliman
in OR

Employee Benefits Associate/Relationship Manager
First American Bank
in IL

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Webcasts and Conferences

How to Develop Your HIPAA-HITECH Policies and Procedures
November 20, 2014 WEBCAST
(Clearwater Compliance)

HIPAA HITECH 101
November 25, 2014 WEBCAST
(Clearwater Compliance)

View All Webcasts and Conferences



[Guidance Overview]

Agencies Close Loopholes, Limiting Employers' Health Coverage Options in 2015 and Beyond
"The IRS has been publicly discouraging use of non-hospitalization/physician services plans for months leading up to the issuance of Notice 2014-69, and the timing of the release (election day) was likely no coincidence. The only unanswered question was whether the IRS would 'grandfather' plans that had already adopted this approach. It appears employers who got in the door before election day will receive a free pass for a year before being forced to expand coverage or explore other options in 2016. It also appears that the IRS still hopes to make a premium tax credit or subsidy available to employees offered such a MV plan this year." (Seyfarth Shaw LLP)  


[Advert.]

401(k) Plan Administration | 3-Hour E-learning Course

Sponsored by International Foundation of Employee Benefit Plans [IFEBP]

New from the International Foundation. The 401(k) Plan Administration course offers topics on: plan design, investments, fees, fiduciary responsibility, communications and investment education, participant loans and more. Enroll Today!



CMS Presentation Slides: FF-SHOP Updates and Live Q&A, November 13, 2014 (PDF)
49 presentation slides. Topics include: [1] Testing Updates & Announcements; [2] Companion Guide Reminders; [3] Finding Customers when Contacting Call Center; [4] Agent/Broker Portal Screen Shots; and [5] Resources. (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

CMS Extends Deadline for Reinsurance Fee Reporting to December 5
"The deadline is now 11:59 p.m. on Dec. 5, 2014. Reporting on that date also includes whether contributing entities will choose either a combined or two-part contribution, CMS announced. Contributing entities reporting on their own behalf (or their third-party administrators or administrative-services-only contractors) will submit enrollment counts and schedule contributions, by registering on www.pay.gov.... CMS published a 64-page manual to help insurers, TPAs and employers fill out their submissions." (Thompson SmartHR Manager)  

More Than Four Years After Passage: Assessing Your Plan's Compliance with the ACA
"An assessment will identify any actions that should be taken to reduce the risk of penalties and fines associated with noncompliance. An assessment will also help safeguard the plan from [ACA] violations in the event of an audit by the [DOL], as part of the DOL's ongoing health and welfare plan audit program. While the DOL provides self-compliance tools for part of the areas it audits, these online tools have not been updated for the most recent portions of the [ACA] that have come into effect." (Segal Consulting)  

Text of Magistrate Judge's Recommendation to Deny Recovery by Multiemployer Fund of Benefits Paid in Error (PDF)
"This precise fact pattern represents a case of first impression in this Court, the Fourth Circuit, and the Supreme Court.... Even where circuit courts have found equitable ERISA claims to be actionable in instances where the defendant is no longer in direct possession of the monies in question (due to having spent or comingled those funds), they still require that the funds were at some point transferred directly from the plaintiff to the defendant ... I am persuaded that a claim for equitable relief under ERISA is only actionable in the Fourth Circuit where a defendant has control over a plaintiff's claimed property. As Defendant here was never in control of Plaintiff's claimed res, I recommend that the Motion be denied." [Food Emplrs. Labor Relations Ass'n & United Food & Commer. Workers Health & Welfare Fund v. Dove, No. GJH-14-1273 (D. Md. Nov. 12, 2014) (Magistrate Judge Report and Recommendation)] (U.S. District Court for the District of Maryland)  


[Advert.]

24th Annual National Health Benefits Conference & Expo (HBCE)

Sponsored by HBCE

Plan now to attend the National Health Benefits Conference & Expo, January 27-28 in Clearwater Beach, Florida. The conference provides cutting-edge case studies and advanced cost control strategies presented by national thought leaders. Register Now!



On-Premises Fringe Benefits, Part II: Is There Such a Thing as a Free Lunch?
"Employers may prefer to rely on the de minimis exclusion for subsidized company cafeterias ... rather than the exclusion under section 119 because the rules are more straightforward and mechanical, assuming that the facility generates some revenue. In contrast, the exclusion under section 119 depends on whether the employer can satisfy the subjective 'convenience of the employer' test." (Ogletree Deakins)  

Six Plan Design Changes for a Higher Return on Your Company's Health Care Investment
Infographic. "To manage costs, most [companies] plan to make moderate to significant changes between now and 2017 -- 81% for full-time active employees and 69% for part-timers. These changes are likely to include cost-effective and sustainable solutions such as.... Specialty Pharmacy Strategy ... Employee Accountability ... Technology ... Spouse and Dependent Financial Support ... Exchange-Based Benefit Delivery ... Network Optimization." (Towers Watson)  

Impacts and Implications of Rising Out-of-Pocket Health Care Costs and the Hidden Costs of Health Care
"This report: [1] Examines the impacts and implications of the increasing consumer health care cost burden. [2] Shares results from Deloitte's Hidden Costs Analysis, which reveals how consumers' OOP purchases add considerably to the total cost of health care. [3] Explores anticipated OOP spending changes resulting from the 2014 expansion of coverage through health insurance marketplaces and Medicaid. [4] Suggests strategies for hospitals, life sciences companies and health plans to deal with the impacts of rising consumer OOP costs." (Deloitte Center for Health Solutions)  

GAO Report on Health Care Transparency: Actions Needed to Improve Cost and Quality Information for Consumers
"GAO was asked to study cost and quality information for consumers. This report examines [1] information on cost and quality available to consumers from selected transparency tools, [2] characteristics of effective transparency tools, [3] limitations, if any, in the effectiveness of CMS transparency tools, and [4] CMS efforts to expand cost and quality information available through transparency tools.... GAO recommends that HHS's CMS take steps to improve the information in its transparency tools and develop procedures and metrics to ensure that tools address consumers' needs. HHS concurred with the recommendations and provided technical comments that were incorporated as appropriate." [Published Oct. 20, 2014; publicly released Nov. 18, 2014.] (U.S. Government Accountability Office [GAO])  

Your Kaiser Permanente Doctor Will See You Now -- at Target
"Target Corporation is teaming up with Kaiser Permanente to open four in-store Target Clinics in Southern California, taking a host of services directly to thousands of customers.... While Target has maintained clinics for the past 10 years at a number of stores, the partnership will allow for a much broader array of services than it typically offered at retail outlets. Expanded services include telemedicine consultations, prescription reviews, pediatric primary care visits, OB-GYN services, vaccinations and flu shots, pediatric and adolescent care and management of chronic illnesses like diabetes and high blood pressure, according to John Holcomb, vice president of healthcare for Target." (MedCity News)  

CalPERS Pays Out $65 Million in Medical Benefits and Another $2 Million Per Month in Premiums For 'Ineligible' Individuals
"Dependent audits are always a good idea on large plans. No matter how diligent a plan sponsor is, some dependent fraud occurs.... It is not uncommon for employees to bilk an employer out of 5% to 15% of a plan's total cost with phony dependents. And now we learn that the California taxpayer has been paying $2 million a month in premiums and a total of $65 million in claims for fraudsters to cover unqualified individuals in CalPERS." (Benefit Revolution)  

[Opinion]

Tell Senate to Pass Fix to ACA's Full-Time Employee Definition
"Pending in the Senate since the House passed it on September 13, 2014, the [Jobs For America Act] ... would: [1] Raise from 30 to 40 hours per week the number of hours per week that an employee would need to work to count as a 'full-time employee' for purposes of Code Section 4980H's employer 'pay-or play' shared responsibility rule ... [2] Amend the Code to let an employer, for purposes of determining whether such employer is an applicable large employer and thus required to provide health care coverage to its employees under ACA, to exclude employees who have coverage under a health care program administered by the Department of Defense (DOD), including TRICARE, or the Department of Veterans Affairs (VA)[.]" (Solutions Law Press)  

Benefits in General; Executive Compensation

Findings from the 2014 Health and Voluntary Workplace Benefits Survey (PDF)
"Three-quarters of workers state that the benefits package an employer offers prospective workers is extremely (32 percent) or very (44 percent) important in their decision to accept or reject a job. Nevertheless, 34 percent are only somewhat satisfied with the benefits offered by their current employer, and 22 percent are not satisfied. Eighty-six percent of workers report that employment-based health insurance is extremely or very important, far more than for any other work place benefit. Workers identify lower cost (compared with purchasing benefits on their own) and choice as strong advantages of voluntary benefits." (Employee Benefit Research Institute [EBRI])  

Why Everyone Needs a Benefits Enrollment Buddy
"Even though many employers want to go paperless, it's important to remember that not everyone has Internet access, or if they have access, they might use it only sparingly.... Plus, some employee populations don't have computer access at all, either at work or at home. Employee advocacy allows those who don't have computers to enroll over the phone.... [P]erhaps someone needs assistance navigating the online system. But while they're on the phone with an employee advocacy consultant, they're also getting an explanation of each plan and how to best utilize the benefits they choose." (Corporate Synergies)  

Stock Plan Education Shows Improvement But Can Do Better
"Many participants are adequately familiar with their stock plans' features but are unsure about how and when to take action with their grants. Slightly more than half of the survey respondents say they have a good sense of the relationship between company stock price and the value of equity compensation, and that is good -- but it also implies that nearly half of the respondents do not understand even this basic concept." (myStockOptions.com)  

[Opinion]

In Defense of Executives, Boards and Stock-Based Compensation
"In consecutive months, Harvard Business Review ran major articles suggesting that corporate executives, with complicit directors, focus more on self-enrichment and managing the stock market than creating real value and managing the fundamentals of their companies.... Unfortunately, these articles and perspectives often mix correlation and causation, citing stock-based compensation as the bogeyman for many perceived ills. They also don't give credit to the overwhelming majority of executives and boards that ... focus on building and sustaining companies that create real value for their numerous stakeholders." (Towers Watson)  

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