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May 8, 2007
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Senate Blocks Bid to Allow Prescription Drug Imports
Excerpt: "In a triumph for the pharma.ceutical industry, the Senate on Monday killed a drive to allow consumers to buy prescription drugs from abroad at a significant savings over domestic prices. On a 49-40 vote, the Senate required the administration to certify the safety and effectiveness of imported drugs before they can be imported, a requirement that officials have said they cannot meet." (The Houston Chronicle)

Report: How Boomers Will Change Health Care (PDF)
24 pages. Excerpt: "By combining new research and analysis with a study of emerging health care approaches and technologies, this report illustrates how the health care field is anticipating the Boomer revolution, and how the Boomers will leave their mark on American health care for generations to come." (American Hospital Association)

State of California Retiree Health Benefits Program: Actuarial Valuation Report (PDF)
70 pages. Excerpt: "[This report contains] the results of our actuarial valuation of the liabilities associated with the retiree healthcare benefits provided to statewide employees through the programs sponsored by the State of California . . . . The actuarial calculations were prepared for purposes of complying with the requirements of Statements No. 43 and 45 of the Governmental Accounting Standards Board (GASB)." (Controller, State of California)

Overview: Proposed Regs on Tax Exemption for Children When Parents Divorced, Separated, Living Apart
Excerpt: "EBIA Comment: The proposed regulations would replace provisions that are more than 20 years old, many of which are obsolete; they also provide welcome clarification on complex tax rules. Employers should be aware of these rules because, generally, coverage under a cafeteria plan can only be provided for someone who is a participant, the participant's spouse, or a tax dependent." (Employee Benefits Institute of America Inc.)

Oregon Breast-Feeding Bill About to Pass Legislature
Excerpt: "Gov. Ted Kulongoski has promised to sign the bill, which passed the Oregon Senate today 28-1 and requires employers with 25 or more workers to provide unpaid rest breaks so new moms can pump breastmilk." (Oregon Live LLC)

Overview: Revision of HIPAA and Wellness Program Regulations
Excerpt: "These regulations make several substantive changes to the interim final and temporary HIPAA nondiscrimination regulations and the proposed regulations on bona fide wellness programs issued in January 2001." (McDermott Will & Emery)

An Appeals Court Will Weigh Blue Shield's Retroactive Cancellation of a Car-Crash Patient
Excerpt: "The outcome of the Haileys' case against Blue Shield could change the way insurers do business in California and influence reform efforts by state regulators and lawmakers. As the first case of its kind to reach an appellate court in California, it will test the legality of retroactive health policy cancellations, a controversial industry wide practice that has driven canceled consumers into debt and forced them to forgo needed medical treatment." (Los Angeles Times via California Nurses Association / National Nurses Organizing Committee)

Written Denial Notice Was Required When Plan Terminated Participant's Health Coverage
Excerpt: "EBIA Comment: Plans routinely terminate health coverage when employees leave employment or otherwise cease to meet eligibility requirements, and we don't think the DOL contemplates formal denial notices for such 'pure' eligibility determinations (i.e., where there is no denial of specific benefits). In our view, the court reached the wrong result on this point by mixing up termination of a specific benefit with generalized termination of coverage." (Employee Benefits Institute of America Inc.)

Blues Propose Treatment Evaluation Entity
Excerpt: "The Blue Cross and Blue Shield Association says it is willing to help fund a new agency that would evaluate which medical treatments work best." (The National Underwriter Company; free registration or paid subscription required)

Diabetes Care Is a Long-Term Investment for Insurers and Patients
Excerpt: "[M]uch of America's healthcare industry operates on the economic short term. Many healthcare experts used to think that preventive care would save money -- which is the case for diseases such as asthma, where such care can quickly cut costs by reducing emergency room care and hospitalizations. But for diabetes, the upfront efforts to avoid complications often don't pay off for decades." (Los Angeles Times; free registration required)

Report of the 2006 ERISA Advisory Council Working Group on Health Information Technology
Excerpt: "The 2006 Working Group on HIT sought to identify what is necessary in order to establish the widespread adoption of interoperable HIT and how the federal government can work with the private sector and industry to accomplish this result." (U.S. Employee Benefits Security Administration)

Employee's Termination Following Increase in Health Plan Premiums Didn't Violate ADA or ERISA
Excerpt: "EBIA Comment: Although this decision was favorable for the employer, it is a useful reminder of the potential danger in terminating an employee with a known medical condition. In such a case, the employer must be prepared to present evidence demonstrating a nondiscriminatory reason for the employee's termination." (Employee Benefits Institute of America Inc.)

Leapfrog Group Tool Measures Pay-for-Performance ROI
Excerpt: "Leapfrog unveiled earlier this year the ROI Estimator, a tool for employers and health plans to estimate the costs and financial benefits of using the Leapfrog Hospital Rewards Program, a standardized incentive program that can be licensed and used by health care purchasers and plan sponsors." (Employee Benefit News)

Manufacturer Implements Wellness Program for Its U.S. and Canadian Staff
Excerpt: "Ron Rutowski . . . was first asked by Eder's president to develop a company wellness program in 1992. 'We didn't have specific goals for the program initially, but trying to control rising health care premiums was an important factor,' he says. 'One measure of our success is that while other companies have seen double-digit premium increases, over the last five years ours have averaged three to four percent, and in 2007 we achieved a zero increase!'" (Employee Benefit News)

Three E-Prescribing Standards Ready for Implementation in Medicare Part D Prescription Drug Plans
Excerpt: "[F]rom Spencer's Benefits Reports: An evaluation of electronic prescribing standards has recommended that three of six standards used in a pilot project are ready for implementation under the Medicare Part D prescription drug benefit program." (Wolters Kluwer Law & Business)

Healthier Workers, Healthier Profit: Firms Take Aim at Disease Costs Eating Their Bottom Lines
Excerpt: "[A]s companies consider funding a wellness program, industry experts warn that implementing the wrong plan can waste time and money. Such programs generally cost from $10 to $125 per employee, depending on how they are structured. The return on that investment can range from a loss to a savings of $24 for every $1 spent, according to the Wellness Councils of America, a nonprofit group based in Omaha, Neb." (The Dallas Morning News: free registration required)


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Links to Items on Executive Comp, Benefits in General

Simple is Better in Terms of Plan Communication
Excerpt: "For plan sponsors not going the automatic enrollment route, an earnest effort at communicating plan features to participants simply can propel an increase in participation, a recent CitiStreet study suggests. According to a press release, CitiStreet's review of its own plan communications over the last 12 years showed that comprehensive plan information is valuable, but can be too overwhelming to participants at the outset and can lead to inaction and confusion." (PLANSPONSOR.com; free registration required)

Deloitte Overview: IRS Issues Final 409A Regulations -- Part III
Excerpt: "This is the third in a series of articles summarizing the final regulations under section 409A of the Internal Revenue Code. Previous installments discussed the types of nonqualified deferred compensation to which IRC § 409A applies and the restrictions on distributions that it imposes. We now take up the rules governing the initial deferral of compensation." (Deloitte)


Newly Posted Events

Handling FMLA Notice & Medical Certification Requirements
Nationwide on May 17, 2007
presented by HRTrainingCenter.com

The Challenging New World of Executive Compensation
in Pennsylvania on May 17, 2007
presented by Ballard Spahr Andrews & Ingersoll, LLP


Newly Posted Press Releases

2007 HealthQuest Directories from MCOL
MCOL

CitiStreet Study Indicates Simplicity Key to Maximizing Plan Participation
CitiStreet

Wolters Kluwer Financial Services Adds Subrogation Content to AuthenticWeb for Claims
Wolters Kluwer Financial Services

Fidelity Study Finds Nurses Saving More for Retirement Than Other Working Americans
Fidelity Investments

Not a Hedge Fund, Not a Mutual Fund, But . . . .
Scalar Funds Management


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