Health & Welfare Plans Newsletter

June 9, 2015

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Employee Benefits Jobs

Part Time On Call Retirement Planning Consultant
Transamerica Retirement Solutions
in AR, CA, FL, GA, HI, IL, MI, MO, NJ, NY, TN, TX, UT

Controller
NYC Multiemployer Trust Funds
in NY

Benefits Compliance Coordinator
National Rural Electric Cooperative Association [NRECA]
in VA

Defined Contribution Consultant
Pavilion Advisory Group Inc.
in IL

Senior Benefits Specialist
Unilever
in NJ

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Webcasts and Conferences

ASC Valuation System Spring Release Webcast
June 11, 2015 WEBCAST
(ASC)

Fundamentals of 401(k) and Other Qualified Plans
July 7, 2015 in TX
(SunGard Relius)

IRA Contributions
August 27, 2015 WEBCAST
(Ascensus)

Annuity Market Update Audio/Webcast
September 9, 2015 WEBCAST
(Conference of Consulting Actuaries)

Understanding Accounting for ESOPs: What Every CPA, CFO and Banker Should Know
October 28, 2015 WEBCAST
(Beyster Institute)

View All Webcasts and Conferences



Text of Comments Filed with IRS on Eventual Rules for High Cost Employer-Sponsored Health Coverage ('Cadillac' Plans)
BenefitsLink has obtained the full text of the 244 comments to the IRS pertaining to the 24-page IRS Notice 2015-16. The notice requested comments by May 15. It described "potential approaches with regard to a number of issues under Section 4980I, which could be incorporated in future proposed regulations ... primarily ... [1] the definition of applicable coverage, [2] the determination of the cost of applicable coverage, and [3] the application of the annual statutory dollar limit to the cost of applicable coverage." (BenefitsLink)  


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UPS Can Apply Lifetime Limits to Its Retiree Health Plans
"United Parcel Service of America, Inc. (UPS) can impose lifetime limits on benefits through its retiree health plan ... [because] ERISA contains a 'retiree plan exception' ... which pre-dates the ACA ... The [federal district] court ... held that it had not been shown that there was any specific intent on the part of Congress to repeal ERISA's retiree plan exception by implication when it enacted the ACA. The court also pointed out that the IRS, EBSA, and the HHS had stated in the preamble to interim regulations on the ACA's impact on group health plans, that the exceptions contained in ERISA Sec. 732 for certain retiree-only health plans 'remain in effect.' " [King v. Blue Cross and Blue Shield of Illinois, No. 3:13-CV-1254-CAB-JMA (S.D. Cal. May 13, 2015)] (Wolters Kluwer Law & Business)  

Five Questions Answered on the Legal Challenge to Obamacare Subsidies
"[1] What is this case about? ... [2] What happens if the court rules against the Obama administration? ... [3] If the Supreme Court rules against the Obama administration, when would subsidies disappear? Would those who lose subsidies still be required to buy health insurance under the law's 'individual mandate'? ... [4] Will Congress fix this? ... [5] Is this the last legal hurdle the health law will face?" (National Public Radio)  

Employers Slow to Adopt Private Health Exchanges
"[P]rivate exchanges for active employees began operating around 2012, shortly after the [ACA] took effect and brought widespread attention to the health insurance exchange model. Employers that were early adopters of these private exchanges say they're pleased with their initial experiences and results. But many more remain on the sidelines ... [O]nly 3 percent of surveyed companies use a private exchange to provide health benefits. Another 26 percent are evaluating the option. That's a far cry from the 40 percent of employers that were expected to join private exchanges within the first years after they opened." (Society for Human Resource Management [SHRM])  

Medical Cost Trend: Behind the Numbers 2016 (PDF)
"HRI projects medical cost trend to be 6.5%-- slightly lower than the 6.8% projected for 2015. The net growth rate in 2016, after accounting for benefit design changes such as higher deductibles and narrow provider networks, is expected to be 4.5%." A chartpack and more information is online. (Health Research Institute, PricewaterhouseCoopers)  

The Hospitals That Overcharge Patients by 1000 Percent
"On average, all U.S. hospitals charged patients (or their insurers) 3.4 times what the federal government thinks these procedures cost.... [T]hree-quarters of the hospitals on the highest-markup list are in the South, and 40 percent of them are in Florida." (The Atlantic)  

HIPAA's Application to E-mails and Texts to Patients or Others
"HIPAA allows covered entities and their business associates to communicate e-PHI with patients via e-mails and texts if either [1] the e-mails and texts are encrypted and/or are otherwise secure; or [2] the covered entity or business associate first warns the patient that the communication is not secure and the patient elects to communicate via unsecure e-mail or text, anyway. When it comes to communicating with non-patients, the covered entity or business associate must generally ensure that its e-mail or texts comply with relevant Privacy and Security Rule standards." (Holland & Hart LLP)  

Insurer Uses Patients' Personal Data to Predict Who Will Get Sick
"[P]reventable readmissions... [cost] Medicare alone $15 billion annually. That's why Medicare launched an initiative a few years ago that penalizes hospitals that see too many patients readmitted too soon.... Now insurance companies are also taking a stab at a solution.... Independence Blue Cross ... runs algorithms on the huge amounts of health data at its disposal: billing claims, lab readings, medications, height, weight and family history. It also throws in information about the client's neighborhood, including poverty rates.... The computer algorithm sifts through all that information and pops out a score for each individual patient, identifying those it deems at highest risk." (Kaiser Health News)  

Benefits in General; Executive Compensation

Proposed Accounting Standards Update on Stock Compensation (Topic 718): Improvements to Employee Share-Based Payment Accounting
An Exposure Draft, dated June 8. Comments are due by August 14. "The areas for simplification in this proposed Update involve several aspects of the accounting for share-based payment transactions, including the income tax consequences, classification of awards as either equity or liabilities, and classification on the statement of cash flows. Some of the areas for simplification apply only to nonpublic entities." (Financial Accounting Standards Board [FASB])  

Press Releases

TRA Continues to Expand to Support Growth
The Retirement Advantage [TRA]

ProCourse Announces New Louisville Office
ProCourse Fiduciary Advisors, LLC

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David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

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