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BenefitsLink Health & Welfare Plans Newsletter

March 17, 2014

Employee Benefits Jobs

Retirement Plan Administrator
Producing TPA
in MO

Experienced Benefits Law Attorney
Bricker & Eckler LLP
in OH

Evening Pricing Specialist - Full-time or Part-time
New York Life Retirement Plan Services
in MA

Retirement Consulting Manager
JPMorgan Chase
in KS

Plan Administrator
Howard Simon & Associates
in IL

Batch Analyst
IUPAT Industry Pension Fund
in MD

Group Health/Ancillary Benefits Producer
Stalker & Associates
in PA

President and Chief Executive Officer
The ERISA Industry Committee (ERIC)
in DC

401K Client Service Representative
Ascensus
in PA

401K Account Manager
Ascensus
in PA

Plan Specialist
Transamerica Retirement Solutions
in NY

Plan Consultant
401(k) Advisors
in TX

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Webcasts and Conferences

2014 Webinar - Conversions and Recharacterizations
April 3, 2014 WEBCAST
(Ascensus)

Information Reporting Under Health Care Reform: Final Rules for Code ?? 6055 and 6056 Returns and Statements
April 16, 2014 WEBCAST
(Thomson Reuters / EBIA)

Aetna?s Obesity Drug Pilot: Strategies to Improve Health Status and Lower Costs
April 17, 2014 WEBCAST
(Atlantic Information Services, Inc)

ERISA Pension Plans: Mitigating Liability Risks for Hedge and Private Equity Fund Alternative Investments
April 17, 2014 WEBCAST
(Strafford)

2014 Webinar - IRA Investments and Investment Issues
April 17, 2014 WEBCAST
(Ascensus)

2014 IRA Online Institute
May 19, 2014 WEBCAST
(Ascensus)

2014 IRA Institute
June 9, 2014 in MN
(Ascensus)

2014 IRA Institute
October 6, 2014 in AZ
(Ascensus)

2014 Fall Forum
October 20, 2014 in LA
(Ascensus)

View All Webcasts and Conferences


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Hand-picked links to the web's best news articles,
official guidance, jobs, webcasts and more.
[Official Guidance]

Text of CMS FAQs About February 27, 2014 Bulletin to Marketplaces on Availability of Retroactive Advance Payments of the Premium Tax Credit and Cost Sharing Reductions in 2014 Due to Exceptional Circumstances, and Related SHOP Issues (PDF)
"Does the February 27th bulletin apply to all Marketplaces or only State-based Marketplaces? ... Are State-based Marketplaces required to implement the options discussed in the February 27th bulletin? ... When is the last date that a State-based Marketplace may retroactively enroll an individual in the Marketplace under the February 27th bulletin? ... Can State-based Small Health Options Programs (SHOPs) allow direct enrollment for 2014 under an approach similar to the one announced for the Federally-facilitated Small Business Health Options Program (FF-SHOP)? Can employers who use direct enrollment to purchase a SHOP QHP in such circumstances access the Small Business Tax Credit, if they are otherwise eligible? ... What should issuers tell small employers about direct enrollment in SHOP?" (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)


[Advert.]

Health Care Management Conference ? April 7-9, 2014

Sponsored by International Foundation of Employee Benefit Plans (IFEBP)

Nothing will impact health plans more over the next few years than the requirements brought forth by ACA. This conference will cover the latest legal requirements and practical issues that plans will have to address in 2014 and beyond. Register Now!



[Official Guidance]

Text of CMS Proposed Regs on Exchange and Insurance Market Standards for 2015 and Beyond (PDF)
279 pages. Excerpt: "[This] rule proposes standards related to product discontinuation and renewal, quality reporting, non-discrimination standards, minimum certification standards and responsibilities of qualified health plan (QHP) issuers, the Small Business Health Options Program [SHOP], and enforcement remedies in Federally-facilitated Exchanges. It also proposes: [1] a modification of HHS's allocation of reinsurance contributions collected if those contributions do not meet our projections; [2] certain changes to the ceiling on allowable administrative expenses in the risk corridors calculation; [3] modifications to the way we calculate certain cost-sharing parameters so that we round those parameters down to the nearest $50 increment; [4] certain approaches we are considering to index the required contribution used to determine eligibility for an exemption from the shared responsibility payment under [Code Section] 5000A; [5] grounds for imposing civil money penalties on persons who provide false or fraudulent information to the Exchange and on persons who improperly use or disclose information; [6] updated standards for the consumer assistance programs; [7] standards related to the opt-out provisions for self-funded, non-Federal governmental plans and the individual market provisions under [HIPAA]; [8] standards for recognition of certain types of foreign group health coverage as minimum essential coverage; [9] amendments to Exchange appeals standards and coverage enrollment and termination standards; and [10] time-limited adjustments to the standards relating to the medical loss ratio program." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)

[Official Guidance]

Text of CMS FAQs on the Use of Section 1311 Funds and No Cost Extensions for Marketplace Development (PDF)
"May grantees whose State-based Marketplace (SBM) or State Partnership Marketplace (SPM) provide coverage in 2014 seek an extension of their grant project period beyond the first year of operations, and if so, for what types of activities? ... Are there activities that may not be supported with funds made available to a grantee pursuant to an NCE? ... I am a 2014 SPM or SBM currently offering coverage and I apply for funds during 2014, how long is my project period? ... If a grantee-state's Marketplace is transitioning from a SPM to a SBM or a Federally-Funded Marketplace (FFM) to an SPM, how long is the project period?" (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)

[Official Guidance]

Text of CMS 2015 Final Letter to Issuers in the Federally-Facilitated Exchange (FFE) (PDF)
"This Letter provides issuers seeking to offer Qualified Health Plans (QHPs), including stand-alone dental plans (SADPs), in a Federally-facilitated Marketplace (FFM) and/or Federally-facilitated Small Business Health Options Program (FF-SHOP), with operational and technical guidance to help them success fully participate in the Marketplaces. Except where noted, it finalizes the policies in the Draft 2015 Letter to Issuers in the Federally-facilitated Marketplaces ... published on February 4, 2014. Some policies with operational implications in the Draft 2015 Letter to Issuers are not being finalized in this Final 2015 Letter to Issuers, with the intent to continue work to accomplish them. Unless otherwise specified, references to the Marketplaces or FFMs include the FF-SHOP." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)

[Official Guidance]

Text of CMS Interim Final Regs on Third Party Payment of Qualified Health Plan Premiums
20 pages. Excerpt: "This interim final rule requires issuers of qualified health plans (QHPs), including stand-alone dental plans (SADPs), to accept premium and cost-sharing payments made on behalf of enrollees by the Ryan White HIV/AIDS Program, other Federal and State government programs that provide premium and cost sharing support for specific individuals, and Indian tribes, tribal organizations, and urban Indian organizations." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Service)


[Advert.]

7th National Forum on ERISA Litigation - April 28-29, Chicago

Sponsored by ACI (American Conference Institute)

Expert strategies for leading in-house and outside counsel on litigating today's key issues involving benefit plans and fiduciaries.



[Guidance Overview]

CMS Issues Exchange and Insurance Market Standards Proposed Regs
"The Exchange and Insurance Market Standards proposed rule addresses a grab bag of issues that all relate loosely to exchanges or to the ACA's insurance market reforms. Some of these -- like QHP quality reporting -- are issues that HHS had failed to address earlier because these issues did not rise to the urgency of other issues that needed to be resolved immediately for health reform to proceed. Others -- like regulation of navigators -- are issues that had been addressed earlier, but where it has become apparent that mid-course corrections are necessary. Still others, like modifications in the premium stabilization programs, are issues that have arisen in the unfolding course of events as problems developed in implementation. Most of the issues are largely unrelated to one another[.]" (Timothy Jost in Health Affairs Blog)

[Guidance Overview]

The 2015 Health Insurance Marketplace Blueprints and More ACA News
"The biggest change in the 2015 blueprint is that plan management state partnership exchanges are no longer available. States that decide to assist in plan management functions will do so on an ad hoc basis and are not required to file a blueprint.... The blueprint document, which is 167 pages long, includes separate blueprints for full state exchanges, consumer assistance partnerships, and SHOP only exchanges. Each blueprint addresses the full range of exchange functions and activities appropriate for each type of exchange." (Timothy Jost in Health Affairs Blog)

[Guidance Overview]

IRS Issues Final Regs on Pay-or-Play Mandate (PDF)
7 pages. Excerpt: "Employers with at least 100 full-time employees in 2014 are subject to the mandate for the plan year commencing in 2015 subject to transitional rules. Employers with less than 50 full-time employees are not subject to the mandate. The final rules provide sufficient guidance for employers to determine if they are subject to the Pay-or-Play Mandate and which employees should be offered coverage to avoid penalties." (Clifton Budd & DeMaria, LLP)

HIPAA Covered Entities Should Review and Correct HIPAA Policies in Response to New County Hospital Resolution Agreement
"OCR officials have stated it expects that other health care providers, health plans, health care clearinghouses and their business associates will review resolution agreements like this one along with other emerging OCR guidance and update their practices as necessary to address concerns within their own organization that might be similar to those reflected in the applicable resolution agreement. The Resolution Agreement documents this expectation by specifically incorporating this requirement as part of its terms." (Solutions Law Press)

Protected Health Information and Health Care Plan Design
"An employee who is disciplined or reassigned, who has an hours reduction, or who has been terminated from employment, now has a lengthy list of potential discrimination claims. Further, an assortment of federal government agencies now has additional enforcement tools. Therefore, we encourage employers maintaining health care plans to take a time out to consider how they will defend against this new breed of claims. Taking proactive steps, like shoring up that imaginary line between the health care plan and employment decisions makers if at all possible, will reduce the time and expense otherwise required to defend against these claims." (Porter Wright Morris & Arthur LLP)

How One Company Contained Health Care Costs and Improved Morale
"[E]ach participating employee (and his or her spouse or partner if covered by [the company]) still completes a health assessment and screening, but each employee also attends a one-on-one session with a coach ... to set well-being goals for the year.... Employees are rewarded for following through on their goals with either a reduction in premiums or paid time off. Employees get to choose which.... Based on the rate of inflation for health care spending in the Minnesota market where the company headquarters are based, it was projected that [the company's] cost would have risen from $280.52 [in 2008] to $387.20 per member per month. Yet, they have remained constant, amounting to a total cost avoidance of $4,680,000." (Ellen Galinsky and Anne Weisberg in Harvard Business Review Blog Network)

HealthCare.Gov Plans Deadline Leeway
"Under the workaround plan, people who can demonstrate that they tried to enroll in a plan before the deadline, but failed because of website troubles, would be able to sign up after March 31. Details are still being hammered out, including how long the so-called special-enrollment period would last and what documentation people might need to offer as proof they were blocked by glitches[.]" (The Wall Street Journal; subscription may be required)

Deadline Looms for 'High Risk' Enrollees
"Thousands of 'high risk' people with existing medical conditions remain enrolled in a federal health-insurance program slated to close March 31, making it likely the Obama administration again will have to extend the program or risk seeing sick people lose coverage.... Health-plan experts have speculated that some of the lingering enrollees have secured private coverage and have stopped paying premiums for the high-risk program or are about to, but there could been a lag in the federal government getting that information." (The Wall Street Journal; subscription may be required)

Many Uninsured Still Unaware About Obamacare
"One in three Americans who lack health coverage plan to remain uninsured, citing cost as their chief obstacle ... Fewer than a third (30 percent) of the uninsured realize that federal tax credits available through the new Obamacare health exchanges can make health insurance affordable to lower-income individuals and families." (Bankrate)

CMS Orders Broader Obamacare Health Plans in 2015
"Health plans selling on the federal marketplaces in 2015 must include 30 percent of area 'essential community providers,' which are usually health centers and other hospitals serving mostly low-income patients. That's up from a 20 percent requirement in 2014, the first year of expanded overage under the health care law. [CMS] ... will also take a much more active role in reviewing health plan networks. CMS, which outlined the new standards in [its final the 2015 Letter to Issuers , released late Friday, March 14], will evaluate whether the plans include enough access to hospitals, primary care doctors, mental health providers and oncologists." (The Washington Post; subscription may be required)

Should You Recommend Castlight to Your Clients?
"Castlight is in the news, with the largest IPO in the history of employer cost savings tools.... the basic Castlight intervention is an app that allows employees to identify and price venues for elective procedures, high-cost diagnostics, specialists, hospitals, physical therapy and other uses of care. It may help employees avoid emergency care for conditions that are merely urgent, and there is a pharmacy app, as well." (Insurance Thought Leadership, LLC)

State-Level Field Network Study of the Implementation of the ACA: The Out-Front Western Region (PDF)
"This first 'Special Analysis Report' focuses on the Western region, which has the largest number of states -- six out of thirteen -- that are affirmatively implementing the [ACA]. That is, they have state-administered health insurance exchanges and have expanded Medicaid as authorized under the law.... In the month of October 2013, major similarities and differences among the Western states were apparent, as were expected and unexpected outcomes of early implementation efforts." (Rockefeller Institute)

Benefits in General; Executive Compensation

Second Circuit Clarifies Standards for Awarding Attorney Fees in ERISA Case
"The Second Circuit emphasized that courts do not have 'unbridled discretion' when deciding requests for attorneys' fees. According to the Second Circuit, the district court in Donachie misapplied the Chambless factors by: [1] Treating the insurer's absence of bad faith as the sole basis for denying the participant attorneys' fees. [2] Failing to consider the insurer's culpability. [3] Inadequately addressing the 'relative merits' of the parties' positions." [ Donachie v. Liberty Life Assurance Company of Boston , No. 12-2996-lv (2d Cir. Mar. 11, 2014)] (Practical Law Company)

Risk, Ambiguity, and the Exercise of Employee Stock Options
"[The authors] investigate the importance of ambiguity, or Knightian uncertainty, in executives' decisions about when to exercise stock options. [They] develop an empirical estimate of ambiguity and include it in regression models alongside the more traditional measure of risk, equity volatility.... [E]ach variable has a statistically significant effect on the timing of option exercises, with volatility causing executives to hold their options longer in order to preserve remaining option value, and ambiguity increasing the tendency for executives to exercise early in response to risk aversion." (National Bureau of Economic Research [NBER])

Stop the Presses! Politician Makes Positive Comments on Executive Compensation
"New York State Comptroller Thomas DiNapoli issued a press release Wednesday titled, 'Wall Street Bonuses Went Up In 2013, Bonuses Were Boosted by Deferred Compensation' ... As explained by the Comptroller, this is good news.... [M]uch of the increase was attributable to deferred compensation, payable in later years and subject to forfeiture or clawback if current financial results turn out to be not as good as they first appeared. This is exactly what Dodd-Frank Act Section 956 and the 2010 Interagency Guidance on Sound Incentive Compensation Polices sought to achieve." (Winston & Strawn LLP)

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