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[Guidance Overview]
GINA Interim Final Regulations: Wellness and Disease Management Programs Impacted
Excerpt: "Title I of GINA, as interpreted by the interim final regulations, prohibits plans from - Increasing group premiums or contributions based on genetic information; Requesting or requiring an individual or family member to undergo a genetic test (other than for certain limited exceptions, including a plan's right to condition payment for a medical service on medical appropriateness which may in turn depend on the genetic information of the individual); and Requesting, requiring or purchasing genetic information prior to or in connection with enrollment, or at any time for underwriting purposes. It is also important to note that unlike the other provisions of the HIPAA portability and nondiscrimination rules, GINA does apply to group health plans with fewer than two participants who are current employees. In other words, GINA does apply to a separate retiree medical plan." (Kilpatrick Stockton LLP)


[Guidance Overview]
HHS GINA Proposed Regulations: HIPAA Covered Entities Impacted
Excerpt: "Based on the proposed regulations, other documents should also be updated to reflect the new GINA provisions, including the health plan's policies and procedures. Depending on the services that are provided by a business associate and the language of existing business associate agreements, applicable business associate agreements may also need to be updated. Last, health plan sponsors should also consider whether adding protective language in their health plan documents is also appropriate." (Kilpatrick Stockton LLP)


[Guidance Overview]
Missed COBRA Qualifying Events Cause Forfeiture of Stop Loss Coverage
Excerpt: "The district court's opinion in Majestic v. Trustmark addresses numerous aspects of a controvery between an employer on the one hand and its stop loss carrier and MGU on the other. Though not dispositive of the case, the opinion does cover a broad swath of issues than can arise in the stop loss reimbursement setting . . . . In this post, I will note the facts that cost the employer stop loss coverage on several claims based upon discontinuities in the plan language and that in the stop loss policy." (Roy Harmon III via Health Plan Law)


[Guidance Overview]
Group Health Plan Excise Tax Reporting Obligations Coming in 2010
Excerpt: "With the publication of final regulations on excise tax reporting, effective January 1, 2010, employers who sponsor group health plans now will be required to report and pay excise taxes for failing to satisfy certain federal group health plan mandates, unless timely corrected. In addition, excise tax reporting is required if comparable employer contribution rules are not satisfied for health savings accounts (HSAs) and Archer medical savings accounts (MSAs). Failure to file the excise tax return and pay the excise tax on or before the required due date will result, under Internal Revenue Code section 6651, in penalties and related interest unless the failure to timely file or pay is due to reasonable cause and not to willful neglect." (Groom Law Group)


Employers' Wellness Rewards Now Come with Risks
Excerpt: "Employers seeking to promote wellness in the workplace may have to rethink their rewards programs - or run the risk of breaking new federal rules protecting individuals' genetic information. The recently issued guidelines prohibit health plans and employers from offering any financial rewards to any worker for participating in a health risk assessment that requests information about their family medical history. The rules apply to group health insurance with plan years beginning on or after Dec. 7." (The Wall Street Journal)


H1N1 Flu: Practical and Legal Considerations (PDF)
10 pages. Excerpt: "Editor's Note: Our interview with Eric Hobbs reflects his best advice given what we know at this time, and, thus, as the situation changes, so could some of the counsel offered in this article. Mr. Hobbs' legal practice and experience focuses on Wisconsin and Illinois law; readers are urged to contact their own legal counsel regarding issues that are defined and determined by their respective state laws." (Workforce Communications via Michael Best & Friedrich LLP)


Study Shows Declining Workforce Health in U.S.
Excerpt: "As the healthcare-reform debate continues and the recession lingers on, with only hints of a recovery on the way, new data from the Families and Work Institute shows that the health of employed American workers is trending downward. 'The State of Health in the American Workforce,' a report based on data from FWI's 2008 National Study of the Changing Workforce, shows that only 28 percent of employees today report that their overall health is 'excellent,' down from 34 percent just six years ago." (Human Resource Executive Online)


Guidance on Health Insurance Coverage of Swine Flu Vaccinations
Excerpt: "The Employee Benefit Research Institute issued a Q&A fact sheet that highlights information some employers may find helpful about health insurance coverage for H1N1 and seasonal flu shots. On Monday, the Centers for Disease Control and Prevention launched a national campaign to immunize at least half the U.S. population against the new H1N1 virus." (Employee Benefit Adviser; free registration required)


Court Rules Duluth, Minnesota, Free to Change City Employee Retiree Benefits
Excerpt: "A state court has sided with the City of Duluth in a long-standing dispute over the generous health benefits provided to hundreds of retired city workers. The court ruled the city is free to change the retiree's benefits to match those of current workers. State District Judge Kenneth Sandvik said Duluth can change the terms for retired workers' health care and that the city is not bound by whatever terms were in effect the day a particular worker retired. The ruling will directly affect what the city pays each year to cover retirees and members of their families, and it will make a huge difference in the city's long-running budget troubles." (Minnesota Public Radio)


It's Time for HIPAA Covered Entities to Update Their Policies on the Use of Cell Phones and Cameras
Excerpt: "Covered entities (CEs) should review and update their policies on cell phones and cameras and make the rules clear and highly visible to employees, patients and visitors . . . . Technology and social networking sites are simple to use and very widespread. A person can take a picture with an iPhone and post it to his or her Facebook page in an instant." (AISHealth.com)


The 'Next Big Thing' in Health Insurance Plan Design Offers Rich Benefits to Chronically Ill Members
Excerpt: "A startup health insurer aiming to incentivize behavior change for both healthy and chronically ill members will begin marketing its products to small employers in Fresno, Calif., this fall. Unlike traditional health plans, SeeChange Health's value-based benefit model seeks out both the chronically ill and the 'overlooked healthy (i.e., those at risk for developing a chronic condition) and offers them richer benefits in exchange for compliance in managing the condition." (AISHealth.com)


Supreme Court Grants Cert in Federal Employee Health Benefits Case
Excerpt: "[The U.S. Supreme Court has granted cert. in an employee benefits preemption case and it does] not involve ERISA. [As] reported by the SCOTUS blog: Docket: 09-38 Title: Health Care Service v. Pollitt Issue: Whether the Federal Employees Health Benefits Act, 5 U.S.C. § 8902(m)(1), preempts a state court lawsuit filed against a government contractor administering such benefits." (Workplace Prof Blog)


North Carolina to Target Smokers and the Obese with Higher Health Plan Costs
Excerpt: "North Carolina is set to become the second state to charge obese workers more for health insurance, the Charlotte Observer reports. Smokers will face higher costs also, as North Carolina state employees who use tobacco are slated to pay more for health insurance next year. Tobacco users get placed in a more expensive insurance plan starting next July and, for those who qualify as obese, in July 2011, according to the news report. North Carolina officials say they are aiming to improve state workers' health, which saves money in future medical expenses." (PLANSPONSOR.com; free registration required)


Health Bill Won't Prompt Job Cuts for Most Retailers
Excerpt: "Some 71% of chief financial officers (CFOs) at leading U.S. retailers do not think they will reduce headcount as a reaction to health care reform, according to a new poll. The BDO Seidman LLP news release about the accounting and consulting firm's survey said 80% of those who do not eliminate positions will pass increased health care costs on to employees. The remaining 20% do not anticipate that employees will incur increased health care costs." (PLANSPONSOR.com; free registration required)


European Workers Get More Time Off than U.S. Workers
Excerpt: "A new Mercer study of employer vacation policies found the average U.S. allowance is 15, days while Can.ada has a statutory minimum of 10 days. A Mercer news release said contrary to popular European belief, low levels of statutory time off in the United States and Can.ada are not comparative to European standards when taking public holidays into account. Workers in United States and Brazil have an additional 10 and 11 days of public holiday, respectively, while workers in Can.ada are entitled to nine. In total, employees in Brazil that can take the full entitlement and the full number of public holidays would receive 41 days off, those in the United States typically 25 days, and those in Can.ada 19 days, Mercer said." (PLANSPONSOR.com; free registration required)


[Opinion]
Will Health Care Reform Be Half-Baked?
Excerpt: "What the public, employers and politicians have all agreed upon is that the current system is not sustainable. Shame on those in the policy process if the outcome of this latest reform effort is a new system that is less sustainable, has higher rates of uninsured and faster rates of health-cost growth than the current system." (Dallas Salisbury via Human Resource Executive Online)


[Opinion]
Finance Committee Makes Flawed Employer Requirement in Health Reform Bill Still More Problematic
Excerpt: "The health reform bill that the Senate Finance Committee approved this week, while a major step forward as a whole, contains a requirement that could inhibit the hiring of individuals from low-income families and would place cumbersome burdens on employers. The provision would require employers who do not offer health coverage to pay substantial amounts -- apparently up to $4,000 per worker or more -- for low- and moderate-income individuals employed at least 30 hours a week who receive subsidies to purchase coverage in a health insurance exchange. But firms would not pay anything for employees who do not receive subsidies because their family incomes are higher (or for other reasons)." (Center on Budget and Policy Priorities)

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Links to Items on Executive Comp, Benefits in General

[Guidance Overview]
Year-End Deadline for Bonus and Performance-Based Equity Fast Approaching
Excerpt: "An important deadline for amending executive bonus and other performance-based compensation arrangements is approaching quickly. Public companies should review performance-based arrangements (e.g., bonus plans and equity awards) now to ensure compliance with changes announced by the Internal Revenue Service (IRS) under section 162(m) of the Code. Generally, any necessary amendments to address these changes should be made by December 31, 2009." (Groom Law Group)


IRS Begins 409A Audits!
Excerpt: "Frighteningly, the IRS is already conducting audits of companies' compliance with the complex requirements of Code Section 409A. [A redacted copy of an Information Document Request from the IRS] asks more than 15 separate questions on 409A compliance, including . . . ." (Michael Melbinger via Winston & Strawn LLP)


Voluntary Benefits Still Big Part of Enrollment Season
Excerpt: "A new poll shows the continuing popularity of workplace voluntary benefits, and 73% of employers offering voluntary benefits include term life policies. A news release from the International Foundation of Employee Benefit Plans (IFEBP) about the poll said other common options include: vision insurance (53%), long-term care insurance (51%), long-term disability insurance (50%), accident insurance (49%), and dental insurance (48%)." (PLANSPONSOR.com; free registration required)

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Webcasts and Conferences

"EFAST2: The Future of Form 5500" in Appleton
in Wisconsin on November 18, 2009
presented by SunGard Relius

"EFAST2: The Future of Form 5500" in Syracuse
in New York on November 18, 2009
presented by SunGard

"ERISA Workshop" in Appleton
in Wisconsin on November 19, 2009
presented by SunGard Relius

"ERISA Workshop" in Syracuse
in New York on November 19, 2009
presented by SunGard Relius

"Plan Forms, Notices, and Amendments: Streamlined, Effective, Timely" in Appleton
in Wisconsin on November 18, 2009
presented by SunGard Relius

"Plan Forms, Notices, and Amendments: Streamlined, Effective, Timely" in Syracuse
in New York on November 18, 2009
presented by SunGard Relius

Abandoned Plan Program Workshop
in Pennsylvania on October 22, 2009
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Do's and Don't's for the ERISA Fiduciary
Nationwide on November 12, 2009
presented by Anthony A. Dreyspool, Esq.

HIPAA and Other Health Benefits Laws: Compliance Assistance Seminar
in Oklahoma on May 19, 2010
presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

HIPAA HITECH Compliance: Getting into the Weeds
in California on October 19, 2009
presented by ABA Joint Committee on Employee Benefits

The New Interim Final Rule on GINA Protections, the Mental Health Parity Law and CHIPRA
Nationwide on October 20, 2009
presented by ABA Joint Committee on Employee Benefits

Update on Health Care Reform
Nationwide on October 19, 2009
presented by ABA Joint Committee on Employee Benefits

( Click to post your webcast or conference )

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Press Releases

Fight to Preserve Flexible Spending Accounts Moves to the House of Representatives
Employers Council on Flexible Compensation (ECFC)

Watson Wyatt Data Services Releases 2009/2010 Survey Report on Nonqualified Benefit Policies & Practices
Watson Wyatt Data Services

Senate Finance Committee-approved Measure Offers Most Promising Approach to Health Care Reform, But Concerns Remain
American Benefits Council

Robust Voluntary Products Play A Significant Role In The Overall Benefits Package
International Foundation of Employee Benefit Plans

ING Launches My Retirement Outlook ? Unique Web Planning Tool That Integrates Defined Benefit Analysis
ING Retirement Services

New GINA Regulations Will Require Changes to Many Wellness Programs
Miller Johnson

New Mental Health Parity Regulations Delayed
Miller Johnson

( Click to post your press release )

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Employee Benefits Jobs

Account Executive - Compliance
for Third Party Administrator
in NC

Plan Administrator / Client Account Manager
for Northwest Plan Services, Inc.
in WA

Regional Managed Care Network Administrator
for EBMS Inc.
in MT

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

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EmployeeBenefitsJobs.com (Sponsor)

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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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