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The BenefitsLink Newsletter -
Welfare Plans Edition
January 12, 2001
Today's sponsor is International Quality and Productivity Center (click on banner for more information) 
( Would your company like to sponsor an issue?
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Ninth Circuit Finds Another Way for Plan Administrators To Commit ERISA Fiduciary Breach
Claim for failure to timely notify participant of right to pursue arbitration; James Chappel v. Laboratory Corporation of America (9th Cir., November 14, 2000). (Corbel)
Supreme Court Exploring HMO Denial of Coverage Issues
Excerpt: "The future of state laws that entitle health plan members to have an independent third-party review an HMO's decision to deny coverage could be determined by the US Supreme Court, health policy experts say." (New York Times; free registration required)
Balancing the Needs of Families and Employers: FMLA Surveys by the Department of Labor
Excerpt: "The 2000 surveys offer researchers and policymakers a wealth of new information on workers' use of family and medical leave, the policies and practices of employers, and what impact such leave has on both employers and workers." (U.S. Department of Labor)
Support for Working Families
Excerpt: "Four decades of steady growth in female employment have gone a long way toward closing the job gap between women and men in the industrialized countries. One of the most striking changes in Europe and the United States has been the rise in employment among mothers with young children.... If everyone is working in the market, who is caring for the children?" (The American Prospect)
Child Care Expenses of America's Families
Excerpt: "This paper uses a recent survey-- the 1997 National Survey of America?s Families, or NSAF-- to look at the child care expenses of working families with children under age 13. We examine the likelihood that different kinds of families pay for child care and how much money different kinds of families pay, both in dollar terms and as a percentage of their earnings." (Linda Giannarelli, James Barsimantov; published by the Urban Institute)
Analysis: Final Health Information Privacy Rules Issued
Excerpt: "The basic requirement of the Final Rules is simply stated as follows: 'A covered entity may not use or disclose an individual?s protected health information, except as otherwise permitted or required by this subpart.' ?164.502(a). Fully understanding the definitions of who (Covered Entity) and what (protected health information) are covered is the first step to being able to comply with this complex regulatory mandate." (McDermott, Will & Emery)
Shared Employees: Who Provides Workers' Compensation Coverage?
Excerpt: "When employees are shared, who is considered the employer? Who provides the coverage? Who is immune from tort liability? Courts in two jurisdictions recently addressed these issues in situations involving borrowed employees and the use of subcontractors." (Claims magazine)
Family Physician Group Launches National Dialogue on Health Coverage for All
Excerpt: "The American Academy of Family Physicians has released a draft proposed strategy for health care coverage for all in America, and is urging all Americans interested in the future of health care to join this dialogue." (The Medical Reporter)
Colorado Health Insurance Arbitration System Reverses Health Plan Denials About Half the Time
Excerpt: "Independent arbitrators in Colorado have overturned half the denials issued by health plans for medical care or services since the state began reviewing cases last summer." (Denver Rocky Mountain News)
Most Americans Happy with Their Health Plans
Excerpt: "Even though the American public's perception of the managed care industry ranks among the lowest of all industries, a new Harris Poll released Wednesday shows that 69% of insured American adults give their own health plans an A or B rating." (Reuters via Excite! News)
California Research Bureau Finds HMO Arbitration Is Unfair
Excerpt: "The California Research Bureau, the state equivalent of the US General Accounting Office, has issued a report today that shows more than three-fourths of Californians who are enrolled in managed care companies are forced into binding arbitration as a condition of enrollment and that the arbitration process itself is unfair." (Foundation for Taxpayer and Consumer Rights)
(Following also appears in Retirement Plans Edition)
Welcome to new BenefitsLink advertiser COBRA Outsourcing Company
COBRA Outsourcing Company is a leading national administrator of COBRA and HIPAA compliance for employers of all sizes. To learn more call 800-304-5466
Supreme Court Upholds Layoff Benefits
Excerpt: "The U.S. Supreme Court refused to buttress the power of companies to reduce layoff benefits they promise workers, rejecting an appeal by Viacom in a dispute with a former employee. Harry Bellas' lawsuit contends that federal pension law bars companies from cutting retirement benefits for laid-off employees. A federal appeals court last year cleared the way for the suit to proceed." (Bloomberg via CNET.com)
Employee Benefits in State and Local Governments, 1998 (PDF)
134 pages; issued December, 2000. (Bureau of Labor Statistics, U.S. Department of Labor)
Analysis: Updated Procedures For Rulings, Determination Letters, User Fees Issued For 2001
Excerpt: "No pre-GATT or GUST I letters may be requested for individually-designed plans after March 3, 2001." (TRI Pension Services)
ERIC Says No Further ERISA Disclosure Requirements Are Needed
Press release with link to text of comment letter. Excerpt: "ERIC's comments, which come in response to the [DOL]'s Sep. 14, 2000, request for information regarding the disclosure obligations of plan fiduciaries, argue that Congress had no intention of authorizing the Department to supplant or supplement ERISA's rigorous disclosure standards and that federal courts are in the best position to provide guidance on real-world, fact-specific disclosure issues." (ERISA Industry Committee)
EITF Continues to Issue New Guidance on Accounting for Stock Compensation
Press release on draft of EITF Issue No. 00-23. Excerpt: "The Emerging Issues Task Force (EITF) is in the midst of an extensive deliberation of over 30 practice issues and questions on the accounting for stock compensation primarily under APB 25 and FIN 44. At its meeting on September 21, the EITF reached a 'consensus' on seven issues. At its meeting on November 16, the EITF reached a consensus on an unprecedented 14 issues and a 'tentative conclusion' on one issue." (Frederic W. Cook & Co., Inc.)
Issues Related to the Accounting for Stock Compensation under APB Opinion No. 25 and FASB No. 44
Draft of EITF Issue No. 00-23, published January 9, 2001. For press release from Frederic W. Cook explaining the draft, see http://www.fwcook.com/010901.html (Emerging Issues Task Force)
Job Openings Newly Posted or Reposted on EmployeeBenefitsJobs.com
Subscribe to the Retirement Plans Edition, too (click)
Copyright 2001 BenefitsLink.com, Inc.
Feel free to forward this email to friends, colleagues or clients, if no fee is paid to you and the email is forwarded in its entirety. Thanks!
BenefitsLink is a trademark of BenefitsLink.com, Inc., published by Dave Baker with much help from Mary Hall and lots of friends.
To subscribe (free): visit https://benefitslink.com/newsletter - or the person desiring to subscribe can send an email to BLwelfare@add.mb00.net
We have an online archive of prior issues at
https://benefitslink.com/newsletters/
Welfare Plans Edition
January 12, 2001
Today's sponsor is International Quality and Productivity Center (click on banner for more information)
Ninth Circuit Finds Another Way for Plan Administrators To Commit ERISA Fiduciary Breach
Claim for failure to timely notify participant of right to pursue arbitration; James Chappel v. Laboratory Corporation of America (9th Cir., November 14, 2000). (Corbel)
Supreme Court Exploring HMO Denial of Coverage Issues
Excerpt: "The future of state laws that entitle health plan members to have an independent third-party review an HMO's decision to deny coverage could be determined by the US Supreme Court, health policy experts say." (New York Times; free registration required)
Balancing the Needs of Families and Employers: FMLA Surveys by the Department of Labor
Excerpt: "The 2000 surveys offer researchers and policymakers a wealth of new information on workers' use of family and medical leave, the policies and practices of employers, and what impact such leave has on both employers and workers." (U.S. Department of Labor)
Support for Working Families
Excerpt: "Four decades of steady growth in female employment have gone a long way toward closing the job gap between women and men in the industrialized countries. One of the most striking changes in Europe and the United States has been the rise in employment among mothers with young children.... If everyone is working in the market, who is caring for the children?" (The American Prospect)
Child Care Expenses of America's Families
Excerpt: "This paper uses a recent survey-- the 1997 National Survey of America?s Families, or NSAF-- to look at the child care expenses of working families with children under age 13. We examine the likelihood that different kinds of families pay for child care and how much money different kinds of families pay, both in dollar terms and as a percentage of their earnings." (Linda Giannarelli, James Barsimantov; published by the Urban Institute)
Analysis: Final Health Information Privacy Rules Issued
Excerpt: "The basic requirement of the Final Rules is simply stated as follows: 'A covered entity may not use or disclose an individual?s protected health information, except as otherwise permitted or required by this subpart.' ?164.502(a). Fully understanding the definitions of who (Covered Entity) and what (protected health information) are covered is the first step to being able to comply with this complex regulatory mandate." (McDermott, Will & Emery)
Shared Employees: Who Provides Workers' Compensation Coverage?
Excerpt: "When employees are shared, who is considered the employer? Who provides the coverage? Who is immune from tort liability? Courts in two jurisdictions recently addressed these issues in situations involving borrowed employees and the use of subcontractors." (Claims magazine)
Family Physician Group Launches National Dialogue on Health Coverage for All
Excerpt: "The American Academy of Family Physicians has released a draft proposed strategy for health care coverage for all in America, and is urging all Americans interested in the future of health care to join this dialogue." (The Medical Reporter)
Colorado Health Insurance Arbitration System Reverses Health Plan Denials About Half the Time
Excerpt: "Independent arbitrators in Colorado have overturned half the denials issued by health plans for medical care or services since the state began reviewing cases last summer." (Denver Rocky Mountain News)
Most Americans Happy with Their Health Plans
Excerpt: "Even though the American public's perception of the managed care industry ranks among the lowest of all industries, a new Harris Poll released Wednesday shows that 69% of insured American adults give their own health plans an A or B rating." (Reuters via Excite! News)
California Research Bureau Finds HMO Arbitration Is Unfair
Excerpt: "The California Research Bureau, the state equivalent of the US General Accounting Office, has issued a report today that shows more than three-fourths of Californians who are enrolled in managed care companies are forced into binding arbitration as a condition of enrollment and that the arbitration process itself is unfair." (Foundation for Taxpayer and Consumer Rights)
(Following also appears in Retirement Plans Edition)
Welcome to new BenefitsLink advertiser COBRA Outsourcing Company
COBRA Outsourcing Company is a leading national administrator of COBRA and HIPAA compliance for employers of all sizes. To learn more call 800-304-5466
Supreme Court Upholds Layoff Benefits
Excerpt: "The U.S. Supreme Court refused to buttress the power of companies to reduce layoff benefits they promise workers, rejecting an appeal by Viacom in a dispute with a former employee. Harry Bellas' lawsuit contends that federal pension law bars companies from cutting retirement benefits for laid-off employees. A federal appeals court last year cleared the way for the suit to proceed." (Bloomberg via CNET.com)
Employee Benefits in State and Local Governments, 1998 (PDF)
134 pages; issued December, 2000. (Bureau of Labor Statistics, U.S. Department of Labor)
Analysis: Updated Procedures For Rulings, Determination Letters, User Fees Issued For 2001
Excerpt: "No pre-GATT or GUST I letters may be requested for individually-designed plans after March 3, 2001." (TRI Pension Services)
ERIC Says No Further ERISA Disclosure Requirements Are Needed
Press release with link to text of comment letter. Excerpt: "ERIC's comments, which come in response to the [DOL]'s Sep. 14, 2000, request for information regarding the disclosure obligations of plan fiduciaries, argue that Congress had no intention of authorizing the Department to supplant or supplement ERISA's rigorous disclosure standards and that federal courts are in the best position to provide guidance on real-world, fact-specific disclosure issues." (ERISA Industry Committee)
EITF Continues to Issue New Guidance on Accounting for Stock Compensation
Press release on draft of EITF Issue No. 00-23. Excerpt: "The Emerging Issues Task Force (EITF) is in the midst of an extensive deliberation of over 30 practice issues and questions on the accounting for stock compensation primarily under APB 25 and FIN 44. At its meeting on September 21, the EITF reached a 'consensus' on seven issues. At its meeting on November 16, the EITF reached a consensus on an unprecedented 14 issues and a 'tentative conclusion' on one issue." (Frederic W. Cook & Co., Inc.)
Issues Related to the Accounting for Stock Compensation under APB Opinion No. 25 and FASB No. 44
Draft of EITF Issue No. 00-23, published January 9, 2001. For press release from Frederic W. Cook explaining the draft, see http://www.fwcook.com/010901.html (Emerging Issues Task Force)
for Medium-sized CPA Firm
in OH
in OH
for Hewitt Associates LLC
in TX
in TX
Subscribe to the Retirement Plans Edition, too (click)
Copyright 2001 BenefitsLink.com, Inc.
Feel free to forward this email to friends, colleagues or clients, if no fee is paid to you and the email is forwarded in its entirety. Thanks!
BenefitsLink is a trademark of BenefitsLink.com, Inc., published by Dave Baker with much help from Mary Hall and lots of friends.
To subscribe (free): visit https://benefitslink.com/newsletter - or the person desiring to subscribe can send an email to BLwelfare@add.mb00.net
We have an online archive of prior issues at
https://benefitslink.com/newsletters/
DEPARTMENTS
BENEFITS SPEAKERS
Looking for a speaker for your benefits group? Want to throw your hat into the ring? Free.
BENEFITS CANDIDATES
Need personnel? It's like fishing in a barrel here.
BENEFITS JOBS
Need a benefits job? Sort the openings by their distance away from you.
BENEFITSBOARDS.NET
Exchange questions and tips with colleagues. Co-sponsored by us and several employee benefits organizations.
PROGRESSIONS
Promotions and new personnel in the employee benefits community.
Q&A COLUMNS
Experts field questions online, submitted by readers via email.
CONFERENCES
View by location, by sponsoring organization, or by date.
SOFTWARE
Largest listing of benefits software on the net: descriptions, downloads.
ADVERTISE
Ads are our sole source of support. No subscription fees!
CONTACT US
Questions?
Comments?
Suggestions?
Copyright 2001 BenefitsLink.com, Inc. All rights reserved. BenefitsLink is a trademark of BenefitsLink.com, Inc.
Looking for a speaker for your benefits group? Want to throw your hat into the ring? Free.
BENEFITS CANDIDATES
Need personnel? It's like fishing in a barrel here.
BENEFITS JOBS
Need a benefits job? Sort the openings by their distance away from you.
BENEFITSBOARDS.NET
Exchange questions and tips with colleagues. Co-sponsored by us and several employee benefits organizations.
PROGRESSIONS
Promotions and new personnel in the employee benefits community.
Q&A COLUMNS
Experts field questions online, submitted by readers via email.
CONFERENCES
View by location, by sponsoring organization, or by date.
SOFTWARE
Largest listing of benefits software on the net: descriptions, downloads.
ADVERTISE
Ads are our sole source of support. No subscription fees!
CONTACT US
Questions?
Comments?
Suggestions?
Copyright 2001 BenefitsLink.com, Inc. All rights reserved. BenefitsLink is a trademark of BenefitsLink.com, Inc.