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National Business Group on Health
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Empower Retirement
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United Retirement Plan Consultants
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Benefit Associates, Inc.
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Employer Health Plans in the Time of Exchanges: Compliance, Administration, and Employee Communications Impacts
RECORDED
(Thomson Reuters / EBIA)

Hot Topics in Pension Accounting
November 18, 2015 WEBCAST
(PricewaterhouseCoopers LLP)

Dos and Don'ts of Qualified Domestic Relations Orders
November 19, 2015 WEBCAST
(Western Pension & Benefits Council)

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[Official Guidance]

Text of EEOC FAQs on Proposed Regs for the Genetic Information Nondiscrimination Act and Incentives in Employer Wellness Programs
13 Q&As, including: "Why did EEOC issue this NPRM? ... What does the proposed rule do? ... How much of an incentive may an employer offer? ... How do the incentive levels described [in this FAQ] compare with permissible incentives for information on current and past health status under other laws, such as the [ADA], [HIPAA], the [ACA], and Title I of GINA? ... Why did the EEOC make this change to a straightforward rule that prohibited incentives in exchange for genetic information? ... Why doesn't the NPRM allow employers to offer incentives for information about the current or past health status of employees' children who participate in wellness programs that are part of a group health plan? ... What should employers do to make sure they comply with GINA before the final rule is published in the Federal Register? ... Did the EEOC coordinate with DOL, HHS, and IRS-the agencies that issued the regulations on wellness program incentives under HIPAA ... when developing this proposed GINA rule? ... Has EEOC provided any other guidance to employers about wellness programs and whether incentives can be offered as part of such programs?" (U.S. Equal Employment Opportunity Commission [EEOC])  

[Advert.]

Telehealth & Remote Patient Monitoring Summit – Jan 27-28, 2016 – Atlanta

Incorporating Telehealth and Remote Patient Monitoring practices has been shown to increase access to care, improve outcomes, and decrease health delivery costs. Take $200 off registration -- promo code BLINK2 (not valid on Webcast or Government Rate).

[Official Guidance]

Text of CMS Final Bulletin on Out-of-Pocket Cost Comparison Tool for the Federally-Facilitated Marketplaces (PDF)
"The purpose of this bulletin is to provide information on the OOP Cost Comparison Tool, how the tool computes OOP Cost, and how it is incorporated into the FFMs' web sites. This comparison tool will be available to consumers ... for the 2016 annual open enrollment period beginning November 1, 2015." [Unnumbered document, Oct. 29, 2015] (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

EEOC Fact Sheet on Proposed Regs for Genetic Information Nondiscrimination Act and Incentives in Employer Wellness Programs
"The proposed rule would permit employers to offer limited incentives for the employee's spouse to provide current or past health status information as part of a wellness program, where the spouse participates in the employer's health plan.... The proposed rule says that any health or genetic services an employer offers must be reasonably designed to promote health or prevent disease. This means that the service must have a reasonable chance of improving the health of, or preventing disease in, participating individuals. It also means that an employer-sponsored wellness program must not be overly burdensome, a subterfuge for violating Title II of GINA or other laws prohibiting employment discrimination, or highly suspect in the method chosen to promote health or prevent disease." (U.S. Equal Employment Opportunity Commission [EEOC])  

[Guidance Overview]

Understanding Transitional Reinsurance Fee Under the ACA
"For insured plans, the insurance company is responsible for paying the reinsurance fee. Therefore, employers with only insured health plans will not pay the fee directly to the government, but instead will indirectly pay the fee through increased premium rates. Employers with self-insured health plans will pay the fee directly to the government.... The reinsurance fee is based on the average number of covered lives in the plan from Jan. 1 through Sept. 30, regardless of the actual plan year. Employers must report this enrollment count to the U.S. Department of Health and Human Services (HHS) by Nov. 15, using an on-line system called Pay.gov." (RSM US)  

[Guidance Overview]

End of Year Issues Impacting Employer Health Plans
"ACA employer pay-or-play transition relief phase out ... ACA employer mandate: definition of employer and employee ... ACA reporting ... HIPAA breaches ... Employer payment plans ... Waiving benefits -- pitfalls for employers." (Sherman & Howard)  

EEOC Issues Proposed Rule on Health Information Collected by Workplace Wellness Programs
"Federal regulators ... announced a proposed rule allowing voluntary employer workplace wellness programs to ask for health information, including some limited genetic details, from participants and their spouses. According to a statement by the [EEOC], the agency 'is mindful that this change creates an exception to the general rule that no incentives may be provided for an employee's genetic information. Therefore, the agency has interpreted the exception as narrowly as possible.' The release also notes that this exception does not apply to children." (Kaiser Health News)  

Shutting Down Equitable Relief Claims
"[P]laintiffs in ERISA cases keep trying to assert breach of fiduciary duty/disgorgement claims.... Here's a strategic early play in these cases: move to dismiss the breach of fiduciary duty/disgorgement claim early on. This recent case highlights the point." [Gluc v. The Prudential Ins. Co. of America, No. 3:14-cv-519 (W.D. Ky. Oct. 22, 2015)] (Lane Powell PC)  

Insurers Cut Off Pharmacy Used by Canadian Drug Maker Valeant
"Valeant, the Canadian drug maker and until recently a stock market darling, has been under fire for weeks. Politicians, doctors and insurers have sharply criticized Valeant's approach to drug pricing, which sometimes involves buying old medications and jacking up the prices. More recently investors, including vocal short sellers, have questioned Valeant over its accounting and business practices." (The Wall Street Journal; subscription may be required)  

Valeant Drops Philidor Mail-Order Pharmacy
"Valeant, based in Laval, Quebec, said in a statement that it was 'severing all ties' with the pharmacy, Philidor Rx Services, and that Philidor had 'informed Valeant that it will shut down operations as soon as possible.' The move came after the three largest American drug benefit managers, Express Scripts, CVS Health and OptumRx, said on Thursday that they would stop paying for drugs dispensed by Philidor, which is based in Hatboro, Pa." (The New York Times; subscription may be required)  

[Advert.]

Recognizing and Addressing COBRA

November 11 -- Failure to provide required notices have cost employers thousands of dollars in courts all across the country. Don't be a statistic - learn about your responsibilities. BenefitsLink discount.

How Wearables Aid and Extend Wellness Programs
"Online platforms used in conjunction with wearables increase engagement and boost morale by prompting employees to make connections and support one another on both individual and team goals.... With the average American working 50 hours a week, wearables make workplace wellness more efficient and practical by handling the tracking, allowing employees to focus on their job." (The Institute for HealthCare Consumerism [IHCC])  

Yet Another, and Then Another, Health Insurance CO-OP Bites the Dust
"In the past week, Consumers' Choice Health Insurance Company in South Carolina and Utah's Arches Health Plan are the latest CO-OPs to announce they will close.... All told, 10 of 23 CO-OPs will not be in business in 2016. That is more than 40 percent; and in terms of market size, it's well more than half. It's only a matter of time until the remainder fold." (National Center for Policy Analysis Health Policy Blog)  

Variation in Marketplace Enrollment Rates in 2015 by State and Income
"[N]ationally 24.1 million people are eligible for tax credits, and 8.6 million of them have signed up for a marketplace plan. In states relying on HealthCare.gov, 62 percent of people eligible for tax credits with incomes below 200 percent of the federal poverty level (FPL) signed up for a plan through the marketplace in 2015." (Robert Wood Johnson Foundation)  

Obama Administration Campaign Will Publicize Health Care Subsidies
"The television advertisements say that most people who sign up for insurance at HealthCare.gov can 'qualify for financial help to make coverage more affordable,' with images showing that people who work in restaurants and at other low-wage jobs can slash their premiums with such assistance.... Research by the government and private organizations shows that many consumers are not aware that financial help is available for those with lower incomes who buy insurance in the federal and state marketplaces." (The New York Times; subscription may be required)  

[Official Guidance]

Text of IRS Temporary Regs: Preparer Tax Identification Number (PTIN) User Fee Update
"The IRS has determined that the full cost of administering the PTIN program going forward has been reduced from $50 to $33 per application or renewal. Individuals who prepare or assist in preparing all or substantially all of a tax return or claim for refund for compensation are required to have a PTIN. The ability to prepare tax returns and claims for refund for compensation is a special benefit, for which the IRS may charge a user fee to recover the full costs of providing the special benefit. The amount of the user fee is $33 for both initial PTIN applications and renewals because the activities the IRS is required to perform to issue a new PTIN or renew an existing PTIN are the same." (Internal Revenue Service [IRS])  

[Guidance Overview]

The Pay Ratio Rule: Preparing for Compliance (PDF)
11 pages. "[T]his article: [1] Provides an overview of the pay ratio disclosure requirement. [2] Explains methodologies companies can use to carry out key tasks that are essential for determining elements of the pay ratio, including: identifying the median employee; and calculating annual total compensation. [3] Offers guidance on how to present pay ratio disclosure. [4] Suggests initial steps companies should take to prepare for compliance." (Frederic W. Cook & Co., Inc. and Simpson, Thatcher & Bartlett LLP, via Practical Law)  

Bipartisan Budget Act of 2015: Items of Interest for Plan Sponsors
"Medicare 2016 premiums ... Repeal of the Affordable Care Act's auto-enrollment rule ... Single-employer PBGC premium increase ... PBGC premium payment acceleration ... Plan-specific substitute mortality tables ... Extension of single-employer funding stabilization percentages." (Segal Consulting)  

What the Budget Bill Means for Your Social Security and Medicare Benefits
"The file-and-suspend strategy will be eliminated ... The restricted application strategy will be eliminated ... High-income Medicare Part B participants will get a break." (Slott Report)  

Employment Cost Index, September 2015
"Compensation costs for civilian workers increased 0.6 percent, seasonally adjusted, for the 3-month period ending in September 2015, the U.S. Bureau of Labor Statistics reported today. Wages and salaries (which make up about 70 percent of compensation costs) increased 0.6 percent, and benefits (which make up the remaining 30 percent of compensation) increased 0.5 percent.... [For civilian workers:] The increase in the cost of benefits was 1.4 percent for the 12-month period ending in September 2015, lower than a year earlier when the increase was 2.3 percent.... [For private industry workers:] Benefit costs increased 1.8 percent for the 12-month period ending in September 2015. In September 2014, the increase was 2.4 percent." (U.S. Bureau of Labor Statistics [BLS])  

Vertical Management Systems, Inc. announces the addition of The Retirement Advantage, Inc. to its Retirement Revolution® Third Party Administrator Community.
The Retirement Advantage [TRA]

Dr. Susan Mangiero Earns Certified Fraud Examiner (CFE) Credential at a Time When Global Fraud is Estimated at $3.7 Trillion Per Year
Fiduciary Leadership, LLC

JULY Adds Midwest Regional Sales Consultant
July Business Services

FINRA Chairman and CEO Rick Ketchum to Retire in 2016
Financial Industry Regulatory Authority [FINRA]

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