Health & Welfare Plans Newsletter

November 5, 2015

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Benefits Educator (Retirement Benefits; 403(b) Plans)
General Board of Pension and Health Benefits
in ANY STATE, IL

Junior Pension Administrator
AKT Retirement Plan Services
in AK

Pension Benefits Analyst
Towers Watson
in MA

Pension Benefits Consultant
Towers Watson
in MA

Benefit Consultant
Arthur J. Gallagher & Co.
in IL

Distribution & Contribution Specialist
My Benefits, LLC & First Party Administrator, LLC
in GA

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Webcasts and Conferences

Healthy Wealth: Everything from HSAs to 401ks
November 12, 2015 WEBCAST
(Healthcare Trends Institute)

2016 Pension Update: Change is Constant. Now What?
November 18, 2015 WEBCAST
(Findley Davies, Inc.)

Introduction to Withdrawal Liability
December 8, 2015 WEBCAST
(Jackson Lewis LLP)

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[Official Guidance]

Text of DOL Proposed Regs: Apprenticeship Programs, Equal Employment Opportunity
222 pages. "These regulations prohibit discrimination in registered apprenticeship on the basis of race, color, religion, national origin, and sex, and require that sponsors of registered apprenticeship programs take affirmative action to provide equal opportunity in such programs. The proposed rule would revise regulations to reflect changes made in October 2008 to Labor Standards for Registration of Apprenticeship Programs; update equal opportunity standards to include age (40 or older), genetic information, sexual orientation, and disability among the list of protected bases upon which a sponsor must not discriminate; strengthen the affirmative action provisions for sponsors by detailing mandatory actions a sponsor must take to 2 satisfy its affirmative action obligations, and by requiring affirmative action for individuals with disabilities; and improve the overall readability of through restructuring and clarification of the text." (Employment and Training Administration, U.S. Department of Labor [DOL])  


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[Guidance Overview]

Examining the Final 2015 Instructions and Forms: 1094-C and 1095-C (PDF)
"The draft instructions would have required all employers to report anyone covered under a self-funded HRA, despite the fact the regulations did not require this report when the HRA was paired with a comprehensive health plan. The final instructions do not require employers with HRAs to report the HRA separately in specific situations.... The final instructions significantly simplified reporting COBRA participants in a self-funded plan.... Some employers may be qualified to send substitute statements to employees, rather than completing 1095-C forms.... [E]mployers required to file these forms electronically can provide corrected paper forms if they issue fewer than 250 corrected forms." (Marsh & McLennan Agency LLC)  

[Guidance Overview]

Do You Have Covered Employees Collecting an ACA Subsidy?
"The notices from the exchanges are intended to be an early-warning system to employers. Ideally, the exchange would notify employers when an employee receives an advance premium tax credit (APTC) subsidizing coverage. The notice would occur shortly after the employee started receiving subsidized coverage, and employers would have a chance to rectify the situation before the tax year ends.... The federal exchange employer notification program will not be fully implemented until sometime after 2016." (International Foundation of Employee Benefit Plans [IFEBP])  

[Guidance Overview]

New FAQs by Agencies on Preventive Services, Wellness Program Rewards and Mental Health and Substance Use Treatment
"The FAQs regarding preventive services discuss coverage of lactation counseling, breastfeeding equipment, weight management services, colonoscopy procedures, religious objections to providing coverage of contraceptive services, and BRCA testing." (McGuireWoods LLP)  

[Guidance Overview]

New ACA FAQs Provide Guidance on Preventive Services, Wellness Programs and Mental Health Parity
"This latest set of FAQs generally [1] clarify that certain services performed ancillary to various preventive services must also be covered without imposition of cost-sharing, [2] explain that in-kind incentives provided through wellness programs are also subject to limitations under HIPAA and [3] state that medical necessity guidelines related to mental health and substance abuse benefits must be provided to participants upon request." (Proskauer's ERISA Practice Center)  


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[Guidance Overview]

New York City Transit Benefit Mandate Fast Approaching
"[B]eginning January 1, 2016, the New York Mass Transit Benefits Law requires employers with twenty or more full-time employees working in New York City to offer their full-time employees the opportunity to elect pre-tax salary reduction to purchase 'qualified transportation fringe benefits' -- other than qualified parking ... [C]ash reimbursements by the employer are subject to complicated requirements, and will not be permitted in most situations[.]" (Ford & Harrison LLP)  

House Subcommittee Hearing: 'Examining the Costly Failures of Obamacare's CO-OP Insurance Loans'
Page includes Background Memo and witness statements from: [1] Julie McPeak Insurance Commissioner, Tennessee; [2] James Donelon, Insurance Commissioner, Louisiana; [3] Peter Beilenson, National Alliance of State Health CO-OPs; [4] John Morrison, Montana Health CO-OP; [5] Mandy Cohen, Chief of Staff, CMS; and [6] Gloria L. Jarmon, Office of Inspector General, HHS. (Oversight and Investigations Subcommittee, Energy & Commerce Committee, U.S. House of Representatives)  

Sixth Circuit: SPD Can Be Governing Plan Document When There Is No Actual Plan
"The Trust Agreement did not ... contain any details of a health plan. The NEI Board never created a plan document, but did create an SPD, which details the terms of the plan, and contains a subrogation provision. The Plan's director of health claims administration testified that the SPD constituted both the plan and the summary of that plan.... [T]he court ... [stated]: 'an SPD describing employee benefits that anticipates the existence of a Plan, but is issued long in advance of the Plan, constitutes the actual plan, as well as a summary of a plan "that is nowhere else in writing." ' " [Bd. of Trustees v. Moore, No. 14-4048 (6th Cir. Aug. 25, 2015)] (Begos Brown & Green LLP)  

Issues in Private Health Insurance Exchanges for Employers (PDF)
"Private insurance exchanges for active workers have, to date, demonstrated promise for improving choice and competition in the group insurance markets. Private exchanges have not diminished employer sponsorship of health benefits and instead may encourage employers to continue offering health benefits.... Given the promise of private multi-carrier exchanges, regulatory forbearance appears to be the best course of action." (Robert Wood Johnson Foundation)  

Amazon's New Approach to Parental Leave
"The new policy affords birth mothers with up to four weeks of paid pre-partum medical leave, followed by 10 weeks of paid maternity leave. Birth mothers and all other new parents who have been with the company for more than one year can also take a new six-week paid parental leave.... [T]he company has also unveiled its 'Leave Share' program, which allows eligible employees to share all or some of their six weeks of parental leave with a spouse or partner who doesn't receive paid leave from his or her employer." (HRE Daily)  

Five Things to Know About Group Insurance Discount Programs
"[D]iscount insurance programs could be a valuable part of your overall benefits package.... Be aware that receiving the discount is most likely contingent upon your staying employed with the company.... These programs sometimes only offer the higher-end policies so make sure you're comparing apples to apples if you're shopping around.... Sometimes receiving discounts through work is part of a larger package program that you have to enroll in during open enrollment." (Financial Finesse)  

Physicians Cite Health Insurance Companies as Barrier to Patient Care
"Physicians broadly mistrust healthcare insurers and believe they interfere with physicians' ability to provide high-quality patient care ... The poll also found that physicians rated local BlueCross/BlueShield plans as best at enabling the delivery of high-quality care, and UnitedHealthcare (United) and Humana as the worst." (American Journal of Managed Care)  

[Opinion]

Predictions About the Future of the Benefits Business
"[1] HRIS/Benefits Technologies without Payroll will become obsolete.... [2] The majority of employers with fewer than 100 employees will look for a single-source technology and services solution in the future.... [3] There will be dozens of Zenefits-like companies in the market within 6 months.... [4] Small group health insurance commissions will be 50% of what they are today by 2017.... [5] Employers will be out of the health risk business within 3-5 years.... [6] Most health insurance will be individually purchased within 3-5 years.... [7] Provider systems will dominate the health insurance market in 5-10 years." (Joe Markland)  

Benefits in General; Executive Compensation

Workers Satisfied with Benefits, But Fears of Future Affordability Rise Dramatically
"Two-thirds of US workers (66%) report satisfaction with current health coverage available to them, yet concern about the future affordability of those benefits is rising dramatically. Only 41% see health care as affordable five years from now vs. 62% today ... [The survey] also shows strong satisfaction with retirement benefits (60%) -- which ranks second to pay in importance to employees. But notable is employees' rising concern about the cost of health care in retirement; 32% today -- up from 24% five years ago -- say saving for health care expenses in retirement is a top priority." (Mercer)  

Rising Healthcare Costs Are Keeping Self-Employed from Reaching Retirement
"Over half (55 percent) say they are behind in saving for retirement and 48 percent say the inability to predict income is a problem with 41 percent saying they do not make regular contributions to savings. The majority (69 percent) do not have a specific savings goal in mind, nor do they have a backup plan for what to do if they don't have enough when they retire. Seventy-six percent simply say they'll continue working if they can't save enough and 51 percent count on social security or government pensions." (TD Ameritrade)  

[Opinion]

Pay-for-Performance: The Executive Compensation Myth
"The concept of pay-for-performance has attained a sense of inevitability, woven into the fabric of American capitalism. But in practice, pay-for-performance has some known drawbacks. Compensation plans tend to focus on short-term metrics. Some executives myopically focus on quarterly earnings. Tying pay to short-term accounting targets encourages earnings management and other shady practices." (The New York Times; subscription may be required)  

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