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January 18, 2011

Considerations on Determining an Essential Health Insurance Benefits Package – "Under the health-care overhaul law, beginning in 2014 all new insurance plans for individuals and small businesses will have to include a package of minimum 'essential benefits' falling into 10 general categories - ranging from hospitalization, to prescription drugs, to rehabilitative and habilitative services." (The Washington Post; one-time registration required)


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[Guidance Overview]
Tax Law Extension of Expiring Benefit Provisions – "The extensions affect employer-sponsored benefit programs, including educational assistance programs and qualified transportation benefits." (Towers Watson)

[Guidance Overview]
2010 Form M-1: New Questions Address Compliance With GINA and Michelle's Law – "Form M-1 filings should be completed on a timely basis; substantial penalties apply for failure to comply with the reporting requirements. If an extension is needed, the extension request must be filed by the original March 1, 2011 deadline." (Thomson Reuters/EBIA)

[Guidance Overview]
IRS 2010 Version of Publication 503: Child and Dependent Care Expenses – "Pub. 503 is written primarily to help taxpayers determine whether expenses qualify for the DCTC, and caution should be used if consulting it to determine what expenses are reimbursable under a DCAP." (Thomson Reuters/EBIA)

[Guidance Overview]
10th Circuit Finally Addresses Issue of Discovery in ERISA Cases – "Generally, the law in the 10th Circuit as well as most other Circuits in this country limit a judge's review of a denied long term disability claim to the ERISA record, a.k.a the insurance company's claim file. We have often argued that an ERISA claimant is entitled to learn more of the insurance company's claims handling procedures, the adequacy of those procedures and whether they were adhered to, and information concerning the potential bias of the physician reviewers hired by such insurers to review a claimant's medical condition and ability to work." (Law Office of Shawn E. McDermott, LLC)

[Guidance Overview]
New Rules Restrict Use of Genetic Information by Employer – Excerpt: 'The rules explain the prohibitions on acquiring and using genetic information in employment. They also define genetic information, provide model language for employers to use when requesting medical information, and detail narrow exceptions to the prohibitions of the law." (The Register-Guard)

Unexpected Limits of New, Free Preventive Care – "Experts say the new law can go only so far in making sure Americans get the right preventive care. . . . A study published this month in the Annals of Family Medicine found factors leading to higher rates of preventive care include more doctor's office visits and seeing the same doctor with a referral system for preventive services." (The Wall Street Journal)

New York State Grant to Help Promote Healthier Workplaces – "The St. Lawrence County Health Initiative, armed with $572,000 in state grant funds, is on a mission to prove to employers that healthy workers make for a friendlier workplace, increased productivity and fewer health insurance claims." (Watertown Daily Times)

Workers' Compensation Pay to Elderly Federal Employees Targeted for Abuse – "More than 1,000 federal workers aged 80 and older are receiving workers' compensation benefits even though they likely have no intention of returning to work, according to a U.S. senator who wants to reduce the waste in the program that provides federal employees with protection against loss of income from work-related injuries." (Insurance Journal)

Berkeley, California, Set to Offer Sex-Change Operations as Employee Benefit – "The City Council is poised to vote tonight to set aside $20,000 annually for city workers' gender-reassignment surgery. The procedure is not covered by the city's two health insurance providers, Kaiser and Health Net." (San Francisco Chronicle)

[Opinion]
Health Care Reform: Repeal and Replace 10 Necessary Changes – "There are 10 structural flaws in the Affordable Care Act . . . . Each is so potentially damaging, Congress will have to resort to major corrective action even if the critics of the ACA are not involved. Further, each must be addressed in any new attempt to create workable health care reform." (National Center for Policy Analysis)

[Opinion]
So What Does a House Vote for Health Care Reform Repeal Mean? – "In the short term, with the main benefits of the legislation not yet implemented, opponents of the law have an opportunity to press their case. However, once its main provisions are in place in 2014, repeal will be viewed as taking away tangible benefits tens of millions of people have and value. There is an old maxim about our political system that benefits, once conferred, cannot be taken away. Unless that fundamental law of American politics has itself been repealed, after 2014, discussion is likely to shift to improving and expanding the benefits and protections the law provides, not repealing them." (Henry J. Kaiser Family Foundation)


Nat'l Health Benefits Conf & Expo (HBCE) Jan.31-Feb.1, Clearwater Bch, FL (advert.)

Sponsored by Health Benefits Conference & Expo (HBCE)

Speakers Wrote the Books on: Health Benefits Mgmt., Onsite Clinics and Obesity Control. As well: Walmart, Intel, Time Warner, State of MO, School Districts, Counties, Universities. Low cost, high quality. www.HBCE.com Ph: 941-484-1430 info@HBCE.com


Benefits in General; Executive Compensation

[Guidance Overview]
Incentive Stock Options and Employee Stock Purchase Plans: IRS Information Statements and Information Returns under Section 6039 Final Regulations – Excerpt: ' The information statement and information return must be on Form 39211 (for incentive stock option exercises) or Form 39222 (for transfers of stock acquired under an employee stock purchase plan), although the corporation may provide the employee with an information statement on a 'substitute form' that satisfies certain format and content requirements." (Cooley LLP)

New Book: GPS (Guidance, Procedures, Systems): Performance Awards – There has been a recent explosion in the use of performance awards. Even when they represent only a fraction of the total outstanding equity compensation, their unique aspects present a host of administrative challenges, financial reporting issues, and communication concerns. This book gives stock plan professionals guidance on the unique aspects of performance awards and how those issues must be addressed in administration, employee communication, and financial reporting. (National Center for Employee Ownership (NCEO))


Employee Benefits Jobs

Administrative Assistant
for Economic Group Pension Services, Inc. in NY

Account Manager, Retirement Services
for Lockton Insurance Brokers, LLC in CA

Pension Administrator
for Platinum Pension Group, LLC in MA

Regional Sales Manager
for Mayo Clinic in MN

Attorney - Health and Welfare Plans
for Practical Law Company, Inc. in NY

Attorney - Retirement Plans
for Practical Law Company, Inc. in NY

Client Service Manager
for The Newport Group in FL, NC, WI


Webcasts and Conferences

"Plan Fees: Navigating the Maze Workshop" - Boston
in Massachusetts on February 16, 2011 SunGard Relius

"Plan Fees: Navigating the Maze Workshop" - New York
in New York on February 18, 2011 SunGard Relius

"Plan Fees: Navigating the Maze Workshop" - Philadelphia
in Pennsylvania on February 17, 2011 SunGard Relius

"Plan Fees: Navigating the Maze Workshop" - Syracuse
in New York on February 18, 2011 SunGard Relius

Independent Fiduciary Symposium
in Colorado on March 1, 2011 Independent Fiduciary Training, LLC

Medicare: What's New and What's Changing Next?
Nationwide on February 3, 2011 International Foundation of Employee Benefit Plans


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