---

---

[Guidance Overview]
Health Insurance Premium Assistance for the Unemployed: The American Recovery and Reinvestment Act of 2009 (PDF)
16 pages. Excerpt: "Whether the unemployed will benefit from the premium assistance programs in ARRA depends on their individual circumstances. Those that are involuntarily terminated and lose their employer-sponsored health insurance may be eligible for the subsidy. Other individuals, although considered to be unemployed, will not meet the criteria of involuntary termination and therefore will not have access to the COBRA subsidy. This group includes unemployed individuals: (1) who were terminated but did not have employer-sponsored coverage to begin with, (2) who voluntarily left their jobs, and (3) who are just entering or re-entering the workforce." (U.S. Congressional Research Service)


[Guidance Overview]
Glenn Is Turning Point in Decade-Long Battle Over Disability Benefits
Excerpt: "The Eighth Circuit applied the Supreme Court's MetLife v. Glenn conflicts analysis and turned the tables for a disabled participant's decade-long quest for disability benefits in the case of Chronister v. Unum Life Insurance Company of America (posted at Plan Sponsor), holding that the insurer had abused its discretion in terminating the participant's disability benefits. While the Eighth Circuit noted the insurer's 'history of biased claims administration' as one factor that the court must consider in determining whether there was an abuse of discretion, the court considered the insurer's 'failure to follow its own claims-handling procedures' with respect to how it dealt with the Social Security's determination that the participant was disabled to be 'most egregious.'" (Attorney B. Janell Grenier via Benefitsblog.com)


Roundtable Discussion on 'Expanding Health Care Coverage'
May 5, 2009. Links to testimony. (U.S. Senate Committee on Finance)


The Rise and Risks of Medical Tourism
Excerpt: "Particularly in light of the seriousness of some surgeries and procedures being sought abroad, the term 'medical tourism' seems a misnomer. A better term is 'cross-border care,' because it encompasses both the phenomena of traveling to an out-of-country destination to receive medical treatment as well as traveling to in-country locations for specialized care. This, too, is a growing trend. A recent study found that 88% of respondents would consider going out of their community or local areas to get care or treatment for a condition if they knew the outcomes were better and the costs were no higher there." (Milliman)


The EEOC Issues Best Practices for Caregivers in the Workplace
Excerpt: "The Equal Employment Opportunity Commission is continuing to draw attention to caregiver discrimination, an issue that experts say has only grown more pervasive with the recession. In a technical assistance document, the EEOC says that adopting more flexible workplace policies can help employees achieve a work/life balance and enhance productivity, reduce absenteeism, lower costs and decrease discrimination claims. . . . The EEOC issues best practices for caregivers in the workplace, although critics noted that caregiving is not a protected class. Discriminating against caregivers, however, could result in Title VII, FMLA or ADA claims." (Human Resource Executive Online)


Health Care Reform: An Introduction (PDF)
20 pages. Excerpt: "Health care reform has emerged as an issue in the 111th Congress, driven by growing concern about widely discussed problems. Three predominant concerns involve coverage, cost and spending, and quality. Commonly cited figures indicate that more than 45 million people have no insurance, which can limit their access to care and their ability to pay for the care they receive. Costs are rising for nearly everyone, and the country now spends over $2.2 trillion, more than 16% of gross domestic product (GDP), on health care services and products, far more than other industrialized countries. For all this spending, the country scores but average or somewhat worse on many indicators of health care quality." (U.S. Congressional Research Service)


State Health Reform Strategies (PDF)
12 pages. Excerpt: "This report identifies general approaches proposed at the state level to reform health insurance, and describes selected reform strategies. These descriptions are intended to be illustrative, not exhaustive. They include examples of both common and innovative initiatives to reflect the diversity of reform approaches, in terms of scope, policy levers used, and populations affected. The reform strategies have been identified according to targeted stakeholder groups: consumers, employers, purchasers of health coverage, and health plans. In addition, the report explores key design and implementation challenges related to coverage and cost, and provides a succinct state example for each reform strategy." (U.S. Congressional Research Service)


Economic Conditions Spur Cost Shifts to Employees, Causing Americans to Delay Care
Excerpt: "The current recession is spurring employers to increase cost sharing under their health care plans, and plan participants are using their benefits -- while they still have them. These are the main conclusions of a recent survey conducted by the International Foundation of Employee Benefit Plans (IFEBP). 'Plan participants are feeling anxious about the possibility of increased cost sharing and a reduction in benefits due to the financial crisis,' said Sally Natchek, senior director of research for the IFEBP. 'These fears are not unfounded.'" (Wolters Kluwer)


Consumer Engagement in Health Care: The Use of Lower Cost-Sharing (PDF)
Pages 2-8 of 20 pages. Excerpt: "The 2008 EBRI/MGA Consumer Engagement In Health Care Survey: This survey examined opinions regarding the appropriate use of lower cost sharing as an incentive to change the way individuals use the health care system. Highlights: More than half (58 percent) of individuals support lower cost sharing for patients who actively participate in a program to maintain or improve their health; 40 percent support lower cost sharing for patients who use treatments that have been scientifically proven to be effective for their medical condition; one-third (34) percent support lower cost sharing for patients who choose to see high-performing health care providers; and about one-half (47 percent) support lower cost sharing for patients who choose less invasive procedures to treat their medical conditions." (Employee Benefit Research Institute)


Proposal Made That Any New Government-Run Insurance Program Comply with All the Rules and Standards That Apply to Private Insurance
Excerpt: "The proposal was made Monday by Senator Charles E. Schumer of New York, the third-ranking member of the Senate Democratic leadership, in a bid to address fears that a public program would drive private insurers from the market. Calls for a new public plan have provoked more political passion than any other issue in discussions of how to revamp the nation's $2.5 trillion health care system. The Senate Finance Committee begins to wrestle with the idea at a meeting on Tuesday, where it will examine ways to expand coverage." (The New York Times; free registration required)


Certain Implementation Issues Related to Other Postemployment Benefits
Excerpt: "Primary Objective: The objective of this project is to consider whether to modify certain requirements related to the measurement of actuarial liabilities for other postemployment benefits (OPEB) by agent employers." (Governmental Accounting Standards Board)


Competition Among Pharmacies Could Spur Change in Industry
Excerpt: "The competition among pharmacy retailers such as Walgreen and Wal-Mart 'to create more efficient business plans for pricing and selling prescription drugs has the potential to spur change across the pharmacy industry,' the Wall Street Journal reports. Wal-Mart last month announced that it would expand to other companies a generic drug purchasing pilot program it currently runs with heavy-equipment maker Caterpillar." (Kaiser Family Foundation)


Chrysler Deal Could Jeopardize Retiree Health Benefits if Restructured Company Does Not Return to Profitability
Excerpt: "According to the AP/Seattle Post-Intelligencer, 'the union could still come out the winner at Chrysler' and GM, but 'that depends on the iffy prospect of the companies making money again and their stock values rising sharply' (Krisher/Carpenter, AP/Seattle Post-Intelligencer, 5/2). The Times reports that Chrysler's failure would put the voluntary employees' beneficiary association in 'dire straits,' as it would owe the Treasury Department but would not have the funds to pay off its loans, according to the Times (New York Times, 5/2)." (Kaiser Family Foundation)


[Opinion]
We Need Legislation to Grant Americans at Least Seven Paid Sick Days a Year
Excerpt: "It sounded like the responsible course of action when President Obama and the Centers for Disease Control and Prevention urged people with flu symptoms to stay at home so they do not infect others in the community -- and to keep any sick children out of school as well. . . . But what are civic-minded workers to do when staying home will cost many their daily pay and, in a recession-plagued economy, possibly their jobs if employers become exasperated over their absence?" (The New York Times; free registration required)

---

---

Links to Items on Executive Comp, Benefits in General

[Guidance Overview]
What TARP Means for the Future of Executive Pay
Excerpt: "Although TARP companies now must comply with new and significant restrictions on executive compensation, our focus is on the potential impact of the legislation on the broader universe of companies. Almost all of the provisions discussed here apply to an organization's 'senior executive officers' (SEOs) - basically the CEO, CFO, and the three highest compensated other executive officers; many also apply to other highly compensated employees." (Hay Group)


The Wall Street Journal/Hay Group 2008 CEO Compensation Study
Excerpt: "The results from this year's The Wall Street Journal / Hay Group CEO Compensation Study reflect [the economic situation]. During a year in which companies overall lost significant shareholder value and made significantly less money than in the previous year, these organizations also dialed back their pay practices, reducing compensation levels and planning on more cutbacks for 2009. Hay Group's 2008 study focused on the primary elements of CEO compensation for 200 companies with more than $5 billion in annual revenue that filed their proxy statements between October 2008 and the end of March 2009." (Hay Group)


An Action Plan for Executive Compensation Committees
Excerpt: "The current economic turmoil is impacting executive compensation in unforeseen ways. Corporate boards - and particularly their compensation committees - should use this time of economic uncertainty to critically assess their executive compensation programs. Outlined [in this document] is our proposed compensation committee action plan that can serve as a starting point to discuss current executive compensation issues." (Hay Group)


IRS Solicits Recommendations for 2009-2010 Guidance Priority List
Excerpt: "In Notice 2009-43, the Department of Treasury and Internal Revenue Service (IRS) invite public comment on recommendations for inclusion on the 2009-2010 Guidance Priority List. The list is used to identify and prioritize tax issues to be addressed, to focus resources on important tax administration items, to increase voluntary compliance and to clarify areas of tax law. Priority list recommendations are reviewed and selected based on: whether the recommendation resolves significant issues relevant to many taxpayers; whether guidance is deemed appropriate for public involvement; whether the recommendation promotes sound tax administration; whether the guidance can be drafted to be easily understood and applied; whether the recommendation can be applied uniformly; and whether the recommended guidance reduces controversy and lessens either the taxpayer or IRS burden. Recommendations should be submitted by May 31, 2009, however recommendations can be made throughout the year." (International Foundation of Employee Benefit Plans)

---

Webcasts and Conferences

( Click to post your webcast or conference )

2009 PenServ Annual Conference
in Texas on August 4, 2009
presented by PenServ, Inc.

COBRA Provisions in the American Recovery and Reinvestment Act Workshop
in Alaska on May 26, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Recent Changes to the ADA and What You Need to Do Now Smartcast
Nationwide on May 19, 2009
presented by Davidson Marketing Group -- FutureOffice Network

The Intersection of Organizational Design and Compensation
Nationwide on May 13, 2009
presented by Buck Consultants, an ACS Company

The Obama Scorecard: First 100 Days? Impact on Employee Benefits
in Illinois on May 28, 2009
presented by WEB - Chicago West

Understanding Your Fiduciary Responsibilities Under ERISA Workshop
in Alaska on May 27, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

---

Press Releases

( Click to post your press release )

Diversified Investment Advisors Introduces New Retirement Plan Review Tool
Diversified Investment Advisors

Partnership for Peak Healthcare Performance Provides First Reports to Doctors on Level of Diabetes Care
Dallas-Fort Worth Business Group on Health

ftwilliam.com Announces Improvements To Its Welfare Document System
ftwilliam.com

The SPARK Institute Defends 401(k) Plans, Recommends Changes To Increase Coverage And Participation
The SPARK Institute

RelayHealth?s PatientCompass Receives Prestigious ?Peer Reviewed by HFMA? Designation for Third Consecutive Year
RelayHealth

---

Employee Benefits Jobs

( Click to post your job opening | View all jobs | RSS feed of all jobs )

Sr. Account Manager - Retirement Plan Services
for Precept
in CA

DC/401(k) Plan Administrator
for Benefit Planning, Inc., a large TPA firm in the Los Angeles area
in CA

Defined Benefits Administration Consultant (Supervisor)
for Buck Consultants
in OH

Trust Administrator
for New York Life Retirement Plan Services
in NJ

---

EmployeeBenefitsJobs.com (Sponsor)

(Click on banner to learn more.)

---

Handy Links:

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

---

---

Subscribe to the BenefitsLink Retirement Plans Newsletter, Too!

Sign-up form is at https://benefitslink.com/newsletter (free).

---

This email has been published by:
BenefitsLink.com, Inc.
1298 Minnesota Avenue, Suite H
Winter Park FL 32789
(407) 644-4146
Fax: (407) 644-2151

David Rhett Baker, J.D., Editor

Copyright 2009 BenefitsLink.com, Inc.; except that you can forward this email in full (including this boilerplate part) or otherwise reprint this email in full (including this boilerplate part) without obtaining our permission.

Anyone can receive these emails; just have them sign up at this web page: https://benefitslink.com/newsletter/

Other useful links:

• How to Sponsor an Issue
• Privacy Policy
• Archive of Previous Newsletters