Health & Welfare Plans Newsletter

March 18, 2015

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Primark Benefits
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Third Party Administrator with long history of service
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Webcasts and Conferences

Future of Population Health Analytics: The Value of Complementing Risk Adjustment Models with Predictive Analytics
March 31, 2015 WEBCAST
(Healthcare Web Summit)

2015 Health and Wellness Forum - Better Health through Economic Opportunity: Engaging Business to Strengthen Community Wellness
April 7, 2015 in DC
(U.S. Chamber of Commerce)

Becoming an S Corporation ESOP
April 7, 2015 WEBCAST
(National Center for Employee Ownership)

Retirement Plan Topics: The Latest Updates on EPCRS, Plus Ethics
April 17, 2015 in TX
(ASPPA Benefits Council [ABC] of Dallas/Fort Worth)

HIPAA and Business Associates
May 19, 2015 WEBCAST
(MentorHealth)

Cafeteria Plans
June 2, 2015 in IL
(Thomson Reuters / EBIA)

COBRA Compliance for Group Health Plans
June 5, 2015 in IL
(Thomson Reuters / EBIA)

Women Business Leaders Forum
June 8, 2015 in SC
(ASPPA [American Society of Pension Professionals & Actuaries])

68th Annual National Conference
October 14, 2015 in IL
(PSCA [Plan Sponsor Council of America])

2017 Enrolled Actuaries Meeting
April 2, 2017 in DC
(Conference of Consulting Actuaries)

View All Webcasts and Conferences



[Guidance Overview]

IRS Publishes Guidance on Reimbursing Employees' Individual Health Insurance Premiums
"The IRS has published new guidance to clarify that no matter how a reimbursement arrangement is structured or what the reimbursement arrangement is named, reimbursement of employees' individual health insurance policies violates certain mandates under Health Care Reform. [Notice 2015-17] affirms and expands upon earlier guidance addressing this issue. To encompass all such arrangements, the IRS coined a new term: 'employer payment plans.' The penalty for violating Health Care Reform's mandates is contained in Section 4980D of the Internal Revenue Code and is severe." (Miller Johnson)  


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[Guidance Overview]

IRS Releases Initial Guidance on Cadillac Tax
"[IRS Notice 2015-16] is intended to 'initiate and inform' the process of developing regulatory guidance on the Cadillac tax and, as such, does not offer guidance on which taxpayers may rely. However, it does discuss some of the major issues surrounding the implementation of the Cadillac tax and offers potential approaches for resolving those issues. It also seeks comments from interested parties on these issues as well as on related issues under COBRA. The Notice focuses on three key topics relating to the Cadillac tax: [1] What types of coverage constitute applicable coverage subject to the Cadillac tax. [2] How to determine the cost of applicable coverage. [3] How to apply the annual statutory dollar limits to the cost of applicable coverage." (Miller Johnson)  

[Guidance Overview]

City of Tacoma Adopts Paid Sick and Safe Leave Ordinance for 2016
"Employees must wait [no more than] 180 days from the commencement of their employment before using leave ... Employers are required to provide one hour of PSSL per 40 hours worked to employees who work in Tacoma, up to 24 hours per year. Additionally, employees who work in Tacoma on an occasional basis (defined by the ordinance as more than 80 hours per calendar year) are eligible to accrue and use PSSL.... [A chart outlines] key differences between the Tacoma and Seattle ordinances that employers should be aware of to ensure compliance if they have workforces in both cities." (Davis Wright Tremaine LLP)  

Employers Should Document Look Back Measurement Method
"[T]here is still vast confusion surrounding the look back measurement method among midsized employers.... [An] employer needs to make sure its plan document allows for a look back measurement method to be used.... [T]he specific dates and measurement periods the employer is utilizing for its look back measurement method should be documented in an internal policy.... [T]here appears to be reluctance in the midsized market to pay technology startups to track the look back measurement method information." (Health Care Attorneys P.C.)  

Cyberattack Exposes Data of 11 Million Premera Blue Cross Members
"Premera Blue Cross, a health plan in the Pacific Northwest, was hit with the second-biggest cyberattack in healthcare industry history, exposing the personal, financial and medical information of more than 11 million customers.... An investigation revealed that the initial attack occurred May 5, 2014. The breach affected Premera Blue Cross, Premera Blue Cross and Blue Shield of Alaska, and Premera affiliate brands Vivacity and Connexion Insurance Solutions." (Modern Healthcare Online; free registration required)  


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Transcript of House Oversight Committee Hearing on Obamacare: Why the Need for an Insurance Company Bailout? (PDF)
Feb. 5, 2014; 100 pages. From the opening statement by Committee Chairman Darrell Issa: "This committee and all committees of the Congress have an opportunity to seize better choices in how we fashion health care opportunities for the American people. Health care insurance companies make money off of the Affordable Care Act, and the profit is theirs to keep.... A key question we will ask today is what will trigger the bailout provisions and how will it take effect. Under ObamaCare's risk corridor program, if an insurance company cannot cover the losses of its less successful plans, the Treasury will use taxpayer funds to cover up 80 percent of the loss." (Committee on Oversight and Government Reform, U.S. House of Representatives)  

How Much Will It Cost? How Americans Use Prices in Health Care (PDF)
50 pages. "[A] majority of Americans have tried to find information about health care prices before getting care, including 21 percent who have compared prices across multiple providers. Most of those who have compared prices say they saved money.... [T]he majority of Americans do not believe higher-priced care is necessarily of better quality. And most say insurance companies should be required to make public how much they pay doctors for medical services. The research also highlights potential obstacles to increasing the number of those who compare prices." (Public Agenda, with support from the Robert Wood Johnson Foundation)  

Retiree Health Benefits Program Alternatives Gaining Steam
"Among existing options for Medicare-eligible retirees, 78% of employers are now using or considering using the services of a private Medicare exchange to assist retirees in selecting individual coverage. Four in 10 (41%) are funding or considering funding retiree medical benefits through a voluntary employee beneficiary association or 401(h) to reduce their risk profile. And 21% of employers are converting their subsidy to a retiree medical savings account, with another 18% considering this by 2017." (Towers Watson)  

Bill Would Eliminate 'Confusion' Over Wellness Programs Caused by EEOC Scrutiny
"[T]he Preserving Employee Wellness Programs Act (S. 620/H.R. 1189) would reaffirm the right of employers under the law to offer wellness programs that are tied to a financial reward.... The legislation would reaffirm existing law and clarify that an employee's spouse may participate in the program as well. It also provides employees up to 180 days to request and complete an alternative wellness program if it is medically inadvisable or unreasonably difficult for an employee to participate in the original employee wellness program." (Wolters Kluwer Law & Business)  

With Billions in the Bank, Blue Shield of California's Loses Its State Tax-Exempt Status
"Authorities have revoked the tax-exempt status of nonprofit Blue Shield of California, potentially putting it on the hook for tens of millions of dollars in state taxes each year. The move by the California Franchise Tax Board comes as the state's third-largest health insurer faces fresh criticism over its rate hikes, executive pay and $4.2 billion in financial reserves. The state quietly stripped the San Francisco insurer of its exemption from California income taxes in August. The company held that since its founding in 1939." (Los Angeles Times)  

Missouri Medicaid Turns to Wellness Incentives
"Consumer wellness incentives are trending throughout the health insurance market, most notably in employer-sponsored plans. Now Missouri is getting in on the action on behalf of its roughly 400,000 managed care customers. The contracts, awarded to three companies this month, include proposals designed to help patients exercise, eat healthier and make regular doctor visits." (Kaiser Health News)  

[Opinion]

When It Comes to the Value of Wellness, Ask About Fairness Not Just About Effectiveness
"[P]rogram participation eliminates only about 10-25 percent of the risk burden, which suggests possible savings of $90 to $225 per year. [One] national survey shows typical participation rates less than 20 percent.... Combined with the small size of the prize, 'bending the curve' with wellness programs as currently designed is an elusive goal.... [T]he lack of a financial return does not rule out value in wellness. The workplace is an excellent setting to improve health habits.... But the problem is that most employers did not invest in wellness to make the organization a happy and healthy place. They invested because vendors and benefits consultants promised lofty returns. Now that those expectations are not materializing, ... employers [may] draw dangerous conclusions." (Health Affairs)  

[Opinion]

Ways the Federal Government Is Lagging Behind in a Post-ACA World
"As envisioned, encouraged, and otherwise incentivized by the ACA, an increasing number of health and hospital systems are integrating, joining forces through formal collaborative agreements, and otherwise partnering to create economies of scale, provide the patients and communities they serve with holistic care, and undertake strategic efforts to engage in population health management. These endeavors increasingly are bumping up against the FTC's long-standing presumption -- not yet updated for a post-ACA world -- that an increase in market share will create harm for consumers in the form of increased prices for inpatient hospital care and services." (Drinker Biddle, via Morning Consult)  

Benefits in General; Executive Compensation

Stock Ownership Guidelines and Retention Policies: Creating Stronger Links Between Executives and Shareholders
7 pages. "92% of Fortune 500 companies ... have either ownership guidelines or a retention policy.... This represents a steady increase from 43% of large U.S. companies that had guidelines in place in 2004 and the 75% reported in 2007... Almost half (47%) of Fortune 500 companies have retention guidelines in place, up from 24% ... in 2007. The majority of retention policies (69%) require executives to retain shares only until stock ownership guidelines are met.... An additional 10% of companies use a layered approach that requires executives to hold some percentage of stock proceeds until ownership guidelines are met and then hold additional shares for some longer duration." (Towers Watson)  

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