Health & Welfare Plans Newsletter

April 21, 2015

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[Guidance Overview]

EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up
"[E]mployers now have two sets of rules for compliance that work together (sort of). [A detailed table in this article] describes the proposed regulations' requirements, and how the new rules fit into the HIPAA/ACA scheme. Employers should assess what action they need to take by using the checklists in the table." (Davis Wright Tremaine LLP)  

[Guidance Overview]

April 30 Deadline Set for Correcting Certain Transitional Reinsurance Fee Overpayments
"[CMS] has announced an April 30, 2015 deadline for claiming certain overpayments of [the transitional reinsurance fee (TRF)] with respect to 2014 ... that result from misapplication of a permitted method for determining the annual enrollment count on which the fee is calculated or including individuals in the count for whom the fee was not required. Employers with self-insured plans who paid the TRF for 2014 may wish to review the enrollment counts reported if they have concerns that they may have paid more than required.... Employers that did not sponsor a self-insured plan during 2014 were not required to remit the TRF for 2014." (Lockton)  

[Guidance Overview]

Information Reporting by Providers of Minimum Essential Coverage
IRS overview of reporting requirements, with some links to regulations, forms, and other information; updated April 20, 2015. Topics include: [1] When to report; [2] Information to be reported to the IRS; [3] Information to be furnished to responsible individuals; [4] How to report; [5] How to file electronically; [6] Self-insured employers; [7] Information reporting penalties. (Internal Revenue Service [IRS])  

Retiree Medical Plans: Reducing Risk, Keeping the Promise
"In response to shifting demographics, increasing costs and risks, and other factors affecting their retiree medical benefit programs, U.S. employers have gone beyond tweaking plan designs. Many have taken different, though somewhat traditional, approaches to retiree health care in recent years.... In light of transformative changes in health care -- notably reform legislation and new benefit delivery channels -- employers are taking a fresh look at ways to keep their health care delivery promise to retirees over the long term." (Towers Watson)  

CMS Presentation: FF-SHOP 834 Enrollment Transactions, April 16, 2015 (PDF)
69 presentation slides. Topics include: [1] Updates and announcements for FF-SHOP issuers; [2] Review 834 enrollment transactions; [3] Review 834 enrollment scenarios; and [4] Review 834 effectuation transactions. (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  


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Challenges Facing Narrow Provider Networks (PDF)
16 pages. "There have been attempts to constrain or facilitate the implementation of narrower provider networks through legislation, regulation and litigation. This article highlights the conflicts between the competing fiscal imperatives of insurers, providers and patients, as well as developments at the state and federal level to resolve these conflicts." (McDermott Will & Emery)  

Few Consumers Use Quality, Price Information to Make Health Decisions
"[T]wo of three people say it is still difficult to know how much specific doctors or hospitals charge for medical treatments or procedures.... Only about one in five people said they had seen specific cost or quality information about a hospital, insurer or doctor.... About 6 percent of people ever used quality information in making a decision regarding an insurer, hospital or doctor. And fewer than 9 percent used information about prices, most commonly in relation to health plans.... This lack of practical information may be related to another major finding from the poll: people are overconfident about their ability to pay medical bills without financial strain." (Kaiser Health News)  

How Mobile Apps Will Empower Health Care Consumers
"Most consumers don't want to spend a lot of time comparing plans; they want to find the best buy for their situation as quickly as possible. That's why brokers have traditionally encouraged employers to offer their employees a carefully limited set of shopping choices, but [the authors] expect plan navigation technology to constantly improve the shopping experience in ways that will help customers search a larger inventory and still make choices more easily." (The Brookings Institution)  

Benefits in General; Executive Compensation

[Guidance Overview]

2014 Q&As: SEC Meeting with ABA Joint Committee on Employee Benefits (PDF)
11 pages, dated April 15, 2015. Topics include: [1] Reporting of equity awards for retirement-eligible executive officers; [2] Compensation Committee report -- naming former Committee member; [3] Reporting of Health Savings Account contributions; [4] Reporting of compensation for service as Director; [5] Reporting of stock awards with bifurcated vesting and settlement date; [6] Reporting of vested stock award subject to deferral; [7] Director compensation table -- reporting of Director fees paid in stock at the election of the Board of Directors; [8] Disclosure of results of most recent shareholder advisory vote on executive compensation; [9] Reporting of equity awards in grants of plan-based awards table; [10] Availability of Form S-8. (Joint Committee on Employee Benefits [JCEB], American Bar Association)  

An Effective Approach to Global HR and Benefit Plan Governance (PDF)
"As businesses continue to expand their global reach, leaders need to be thinking about how they will be able to stem risk consistently in the many markets in which they operate -- amid numerous quirks and considerations relating to culture, language, and regional considerations, both internal and external to the entity.... [This article provides] some insight into how best to proceed with global HR and benefit plan governance, regardless of your organization's headquarters location, structure, or maturity[.]" (PricewaterhouseCoopers)  

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David Rhett Baker, J.D., Editor and Publisher
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