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[Official Guidance]
Model Notices to Employees for Use by Employers to Comply with New COBRA Premium Reduction Rules
Excerpt: "ARRA mandates that plans notify certain current and former participants and beneficiaries about the premium reduction. The Department created model notices to help plans and individuals comply with these requirements. Each model notice is designed for a particular group of qualified beneficiaries and contains information to help satisfy ARRA's notice provisions." (U.S. Employee Benefits Security Administration)


[Official Guidance]
FAQs for Employers about COBRA Premium Reduction under ARRA
Excerpt: "Q2: What plans are subject to the premium reduction provisions? The COBRA premium reduction provisions apply to all group health plans sponsored by private-sector employers or employee organizations (unions) subject to the COBRA rules under the Employee Retirement Income Security Act of 1974 (ERISA). They also apply to plans sponsored by State or local governments subject to the continuation provisions under the Public Health Service Act, and plans in the Federal Employee Health Benefits Program (FEHBP). The premium reduction is also available for group health insurance that is required by State law to provide comparable continuation coverage (such as 'mini-COBRA')." (U.S. Employee Benefits Security Administration)


[Official Guidance]
FAQs for Employees about COBRA Premium Reduction under ARRA
Excerpt: "Q3: How can I tell if I am eligible to receive the COBRA premium reduction? ARRA makes the premium reduction available for 'assistance eligible individuals.' An Assistance Eligible Individual is a COBRA qualified beneficiary who meets the following requirements: Is eligible for COBRA continuation coverage at any time during the period from September 1, 2008 through December 31, 2009; Elects COBRA coverage (when first offered or during the additional election period provided by ARRA); and The COBRA election opportunity relates to an involuntary termination of employment that occurred at some time from September 1, 2008 through December 31, 2009. However, if you are eligible for other group health coverage (such as through a new employer's plan or a spouse's plan) or Medicare you are not eligible for the premium reduction." (U.S. Employee Benefits Security Administration)

[Official Guidance]
HHS Request for Public Comment on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests
Excerpt: "The Secretary's Advisory Committee on Genetics, Health, and Society (SACGHS) is requesting public comments on a Draft Report to the Secretary of Health and Human Services, 'Public Consultation Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests' (available at http://oba.od.nih.gov/SACGHS/sacghs_public_comments.html). A copy can also be obtained from the National Institutes of Health (NIH) Office of Biotechnology Activities (OBA) by e-mailing faunteroytd@od.nih.gov or calling 301-496-9838." (U.S. Department of Health and Human Services via GPO.gov)


[Guidance Overview]
Major Changes to HIPAA Privacy and Security Rules
Excerpt: "The most significant change in the new rules is the extension of certain HIPAA provisions to 'business associates.' Previously, the HIPAA rules made a clear distinction between 'covered entities' (to which all of the HIPAA privacy and security rules apply) and 'business associates' (which were not directly covered by the HIPAA rules, but with whom covered entities were required to obtain business associate agreements). Under ARRA, certain HIPAA security provisions now apply directly to business associates to the same extent that such provisions apply to covered entities, including the potential application of civil and criminal penalties for violations of HIPAA." (Spencer Fane Britt & Browne LLP)


[Guidance Overview]
Employers That Sponsor Group Health Plans Must Take Action to Comply with CHIPRA (PDF)
Excerpt: "CHIPRA allows states to offer premium assistance subsidies to pay for coverage under an employer-sponsored group health plan for low-income children who are otherwise eligible for state child health assistance. States may also elect to offer premium assistance to parents of such low-income children. The subsidy is only available if the employer-sponsored group health plan meets the following requirements . . . ." (Snell & Wilmer LLP)


[Guidance Overview]
CHIP Reauthorization Act Requires Immediate Attention by Group Health Plan Sponsors
Excerpt: "The act reauthorizes and expands the Children's Health Insurance Program (CHIP) and makes it easier for states to provide subsidies for the coverage of children (and in some cases employees) under group health plans. With these changes, more states are likely to make these premium subsidies available. Consistent with these modifications, the act introduces new special enrollment rules that aim to facilitate a seamless transition to employer-provided group health coverage when certain events occur relating to an individual's CHIP or Medicaid coverage." (Ballard Spahr Andrews & Ingersoll, LLP)


[Guidance Overview]
Presentation: Welfare Plan Compliance Checklist, Legislative and Regulatory Update, and HIPAA Title II (PDF)
86 pages. Federal legislative changes for 2009 starts on page 2; A Legislative And Regulatory Update For Health And Welfare Plans starts on page 23; and, HIPAA Title II starts on page 56. (Marin Legal PC)


[Guidance Overview]
After the Finding of Conflict: How Should Conflicts of Interest Affect ERISA Judicial Review?
Excerpt: "In a recent law review article, I predicted that the level of review of the administrative record after Glenn will vary based upon judicial temperament. 'The Debate Over Deference In The ERISA Setting - Judicial Review Of Decisions By Conflicted Fiduciaries', 54 South Dakota Law Review 1 (2009). The Sixth and Fourth Circuit Courts of Appeals offer interesting comparisons illustrating differing perspectives on judicial review of benefit denials." (Roy Harmon III via Health Plan Law)


Health Care Costs: A Primer Updated
Excerpt: "The Kaiser Family Foundation released an updated primer that examines recent trends in health care costs in the United States and the factors that contribute to their rapid rise. [T]he primer also describes the types and sources of health care spending, the demographic factors associated with higher or lower levels of spending, and the impact of higher premiums and out-of-pocket costs on families and employers. It also discusses factors that influence health care spending growth, including the use of new medical technology, population changes, and changes in disease prevalence, and highlights some of the challenges policymakers face in efforts to slow the rise in health care costs." (Kaiser Family Foundation)


Sixth Circuit Upholds Michigan's Discretionary Clause Ban
Excerpt: "In American Council Of Life Insurers v. Ross, No. 08-1406 (March 19, 2009), the Sixth Circuit sustained Michigan's ban on discretionary clauses against an ERISA preemption challenge, finding that the ban was within ERISA's savings clause as a permissible state regulation of insurance." (Roy Harmon III via Health Plan Law)


Employers Responding to Economic Meltdown With Higher Deductibles and More Limited Benefits
Excerpt: "Employers going through belt tightening during the economic meltdown are investigating new benefit plan designs and shifting more costs to employees in attempts to hold onto cash, three health insurance brokers said during AIS's recent 'Designing and Marketing Individual and Small-Group Insurance Products for an Economic Slowdown' audioconference." (AISHealth.com)


National Health Insurance: A Brief History of Reform Efforts in the U.S.
Excerpt: "This policy brief provides an overview of health reform efforts in the United States over much of the last century, from New Deal-era calls for government-subsidized health coverage to the creation of Medicare and Medicaid in the 1960s and the failed attempt at universal coverage in the early 1990s." (Kaiser Family Foundation)


Absenteeism Making Companies Grow Tougher; Economy Causing New Scrutiny
Excerpt: "There is no time like the present for companies to make strides in absence management. Fully 75 percent of organizations concede they do a poor job of administering leave-of-absence programs, with only 26 percent following their policies consistently, according to a recent survey by Hewitt Associates, a human resources consulting firm in Lincolnshire, Illinois." (Workforce Management; free registration required)


GM CEO Wagoner Says Agreement Between Ford, UAW on VEBA Unsuitable for Company
Excerpt: "General Motors will seek an agreement with United Auto Workers to revise obligations to a retiree health care fund that differs from a deal reached between Ford Motor and the union last month, GM CEO Rick Wagoner said on Tuesday, the Washington Post reports . . . ." (Kaiser Family Foundation)


The Cost of Premature Births to U.S. Employers (PDF)
2 pages. Excerpt: "Premature birth accounts for 1 in 8 births in the United States and can lead to long-term health problems and lifelong disabilities. The estimated societal economic impact is at least $26.2 billion annually. The March of Dimes contracted with Thomson Reuters to estimate the cost of prematurity and complicated deliveries to large employer health plans drawn from the MarketScan database for infants born in 2005. Analyses included the cost of medical care for infants from birth through the first year of life and for mothers including the delivery, prenatal services during the nine months prior, and three months postpartum." (March of Dimes Foundation)


[Opinion]
Can a Public Insurance Plan Increase Competition and Lower the Costs of Health Reform?
Excerpt: "[The authors] argue here that a public plan is probably essential to effective cost containment given the extensive provider consolidation of the past decade. A public plan would offer the promise of better control over hospital and other provider payments and would increase effective competition in the health care system without threatening high- quality efficient private insurers." (The Urban Institute)

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Links to Items on Executive Comp, Benefits in General

[Official Guidance]
General Explanation of Tax Legislation Enacted in the 110th Congress (PDF)
642 pages. (U.S. Joint Committee on Taxation)


[Guidance Overview]
Employee Benefits Issues to Consider in a Reduction in Force
Excerpt: "As unfortunate as it may be, sometimes the only effective way to increase a company's bottom line during an economic recession is a reduction in force (RIF). The economic analysis should, however, consider much more than just the terminated employees' salaries. Other considerations include nonqualified deferred compensation, stock plans, bonuses, severance pay, retirement plans, health and welfare plans, and FSAs. This article, while not exhaustive, discusses many of the issues an employer may face and thus should consider when performing the economic analysis of a potential RIF." (Deloitte via BenefitsLink.com)

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Webcasts and Conferences

( Click to post your webcast or conference )

Administering the 65% COBRA Premium Subsidy
Nationwide on March 6, 2009
presented by Spencer Fane Britt & Browne LLP

COBRA Subsidy and HIPAA: What You Need to Know and Do
in California on March 26, 2009
presented by No. Calif. Chapter of Certified Employee Benefits Specialists (ISCEBS)

Distinguished Lecture Series in Employee Benefits Law
in Illinois on March 23, 2009
presented by The Center for Tax Law and Employee Benefits at The John Marshall Law School in Chicago

Effect of CHIP Expansion on Employer Health Plans
Nationwide on April 29, 2009
presented by Spencer Fane Britt & Browne LLP

HIPAA Privacy and Security Rule Changes
Nationwide on April 22, 2009
presented by Spencer Fane Britt & Browne LLP

Stimulus Package Jumpstarts EHR Adoption and Toughens Health Information Protections
in Illinois on April 21, 2009
presented by Neal, Gerber & Eisenberg LLP

Stimulus Package Jumpstarts EHR Adoption and Toughens Health Information Protections - Webcast
Nationwide on April 21, 2009
presented by Neal, Gerber & Eisenberg LLP

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Press Releases

( Click to post your press release )

ExpertPlan's "PlanRecordkeeper+" Revolutionizes Daily Recordkeeping For TPAs
ExpertPlan

Louisville, Kentucky, Restaurant Chain Agrees to Restore Participants? 401(k) Funds Following U.S. Department of Labor Investigation
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

U.S. Department of Labor Sues North Carolina Health Care Provider to Recover More Than $55,000 in 401(k) Assets
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Statement of Secretary of Labor Hilda L. Solis on COBRA Subsidy under American Recovery and Reinvestment Act of 2009
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Great-West Retirement Services? Launches New Retiree Crossroads Web Site
Great-West Retirement Services

ING Launches New Web Tool that Connects the Power of ?Peer Comparison? to Retirement Saving
ING Group

Medical Costs for One Premature Baby Could Cover A Dozen Healthy Births
March of Dimes

U.S. Retirement Assets Tumble 24% in 2008, Spectrem Group Reports
Spectrem Group

Benefit Informatics Introduces Executive Summary to Save Time and Resources for Health Plan Analysis and Reporting
Benefit Informatics

Leader in Health Plan Cost Containment Cites Three Economy- Driven Reasons Why Self-Insured Health Plans Should Brace for Claim Increases and Fund Reserves Accordingly
Healthcare Data Management, Inc.

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Handy Links:

• View Today's Active Message Threads
• Using the Web for Employee Benefits Research (hypertext article)
• Employee Benefits Library

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