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The BenefitsLink Newsletter -
Welfare Plans Edition
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March 29, 2001
Today's sponsor: The COBRA Administrator Handbook (click)


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HMOs May Be Exposed to State Law Malpractice Actions for Mixed Treatment and Eligibility Decisions
Excerpt: "Inherent difficulties with prevailing case law regarding participants who have been injured as a result of negligent medical decisions made by health maintenance organizations foil attempts to obtain meaningful relief for the injured party.... This article will discuss the Supreme Court's Pegram decision and, what, if any, impact it has had on established legal precedent in the area of health care litigation with respect to the issue of available remedies." (Tess J. Ferrera, Esq. of Kilpatrick Stockton LLP)

Supreme Court Declines to Review Landmark Ruling on Age Discrimination in Retiree Health Benefits
Excerpt: "On March 5, 2001, the Supreme Court denied a petition to review the Third Circuit's landmark age discrimination ruling in Erie County Retiree Ass'n v. County of Erie, PA ... That ruling holds that an employer presumptively violated federal age discrimination law by giving its Medicare-eligible retirees an HMO form of benefit coverage while giving its pre-Medicare retirees the additional option of a point-of-service benefit coverage." (Groom Law Group)

Testimony of HIAA President at Congressional Hearing on Need for Health Care Ombudsman Program
March 28, 2001. Excerpt: "HIAA has not taken an official position on legislation that would create a new health care ombudsman program to assist consumers in the private market. In studying proposed legislation, however, we do offer several comments and concerns that we hope will guide your consideration of this initiative." (Health Insurance Association of America)

Drug Costs Not Deemed a Threat to Healthcare System, Economist Says
Excerpt: "Those who are warning that the recent spiraling spending on prescription drugs is threatening to bring down the nation's health system should relax, Princeton economist Uwe Reinhardt told a meeting Wednesday on prescription drug pricing issues." (Medscape; free registration required)

Bush Challenged on Cheaper Drugs
Excerpt: "A wealthy Nebraska businessman who has pushed for healthier fast food is taking on the high cost of prescription drugs.... 'American drug prices are outlandish!' declares [Phil] Sokolof's full-page ad, running Wednesday in about 25 major newspapers." (Associated Press, via Yahoo! News)

Medicare and Prescription Drugs
Excerpt: "The prospects for a Medicare drug benefit may soon improve, since virtually all members of Congress support it, the federal treasury is flush with revenues, and President George W. Bush has said that enactment of such a measure is a priority of his new administration. To be successful, however, Bush will have to bring Republicans and Democrats together ... In this report, I discuss various proposals for a Medicare drug benefit and the prospects for success." (John K. Iglehart, in the New England Journal of Medicine)

(Following items also appear in Retirement Plans Edition)


Ex-spouses Could Profit From Supreme Court Ruling On Beneficiaries
Excerpt: "[Last week, the U.S. Supreme] court invalidated a Washington state law that automatically revoked the designation of a spouse as an insurance or pension beneficiary when a marriage ended. Missouri and a handful of other states ... have similar laws that now are also totally or partly invalidated ..." (Kansas City Star)

The Cost of Federal Employees' Benefits
Excerpt: "Why do so many proposals for better federal pay and benefits get introduced in Congress year after year after year, but never go anywhere? There's a simple answer: They cost money." (GovExec.com)

Outline of ERISA Reform Legislation
March 2001. Excerpt: "On June 23, 2000, Rep. Boehner introduced legislation that would substantially reform ERISA's prohibited transaction rules.... H.R. 4748 would create a broad new statutory exemption for 'arm's-length' transactions, narrow the definition of a party in interest, modify the statutory criteria that DOL must apply in issuing exemptions, and require that DOL issue new plan assets regulations. Each of these proposals is described below." (Groom Law Group)

Selecting Your Compensation and Billing Structures for Investment Advice and Financial Planning
Excerpt: "The firm must decide early in the process of setting up a financial planning practice whether to sell products to clients and accept commissions (as opposed to fee-only services) because accepting commissions could affect the business structure, client base, operations (including broker-dealer affiliation), licensing and compliance, and marketing." (Practitioners Publishing Company)

Testimony of Witnesses at Hearing On Social Security and Medicare Trustees' 2001 Annual Reports
Hearing held on March 20, 2001. (House Ways and Means Committee, Senate Finance Committee)

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