Health & Welfare Plans Newsletter

January 2, 2015

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Employee Benefits Jobs

Pension Administrator
GF Pension Corp.
in PA

Defined Contribution Administrator
Actuarial Consulting Services
in NJ

DC Retirement Plan Administrator
Pension Plan Administration, LLC
in AR

401(k) Plan Administrator
MVP Plan Administrators, Inc.
in NC

Coordinator - Benefits Programs & Strategy
University of California Office of the President
in CA

Employee Benefits Attorney
Tuggle Duggins P.A.
in NC

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[Guidance Overview]

Wellness Programs Feeling Heat as EEOC Increases Its Efforts
"This [article] will discuss generally the wellness program landscape in light of the Americans with Disabilities Act (ADA)/Americans with Disabilities Act Amendments Act (ADAAA), the Genetic Information Non-Discrimination Act (GINA), the Patient Protection and Affordable Care Act (PPACA), and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Nondiscrimination Regulations. This is a 30,000-foot overview of laws and regulations that are in need of microscopic scrutiny when applying them to a wellness program." (United Benefit Advisors)


[Advert.]

24th Annual National Health Benefits Conference & Expo (HBCE)

Sponsored by HBCE

Plan now to attend the National Health Benefits Conference & Expo, January 27-28 in Clearwater Beach, Florida. The conference provides cutting-edge case studies and advanced cost control strategies presented by national thought leaders. Register Now!



Text of Federal District Court Opinion: Failure to Give Weight to Functional Capacity Exam Was Abuse of Discretion Despite Absence of Objective Medical Evidence (PDF)
"Unum addressed none of the specifics of the [functional capacity exam (FCE)] report, stating only that it had 'noted and evaluated' the FCE findings, but went on to state 'there are no exams, laboratory testing, specialty evaluation, medication changes or imaging to support the level of impairment Ms. Warner describes.' Of course there are not -- the very reason an FCE was necessary was to objectively document the limitations caused by conditions that cannot themselves be substantiated with imaging and laboratory testing.... The FCE substantiates a level of impairment sufficient to satisfy the policy definition of 'disabled' (Unum does not argue to the contrary) and, at the very least, Unum was obligated to explain why the FCE did not establish an inability to perform the job[.]" [Warner v. Unum Life Ins. Co., No. 12-2782 (N.D. Ill. Dec. 31, 2014)] (U.S. District Court for the Northern District of Illinois)

Health Benefit Contribution Strategy: Employers Want Both and Everything in Between
"[E]mployers are considering and implementing all kinds of combinations of defined benefit and DC approaches, and insurers are being asked to accommodate a complex set of options. Private exchanges, which were once seen as tightly coupled to the DC model, are now expected to handle both models.... The good news for supporters of DC is that the model has lived up to its promise as an effective cost stabilization tool for employers, and the trend in this direction, while somewhat slower than some expected, continues." (Healthcare Payer News)

Employers' Interest in Health Care Payment Reform Grows
"While U.S. employers find alternative health care delivery models and provider payment reform attractive, most admit they do not understand them or the value they provide.... Despite their lack of understanding of the models, [a recent] survey showed 60 percent of companies are providing or are considering providing a financial incentive for employees and dependents to use these new approaches through plan design changes, narrow network options, health reimbursement arrangements or health savings account contributions, or cash." (Society for Human Resource Management [SHRM])

Risk Corridors, Episode IV: No New Hope (PDF)
"The preamble to the proposed rule affirms that HHS still expects to receive more money than will be paid out over the life of the program.... [CRomnibus] casts significant doubt on the promise made by HHS in the proposed rule, although the administration may be able to find alternative avenues in the event that payments to QHP issuers exceed receipts. [The Act] is likely not the final word, however, because it raises a number of questions that are not well addressed by current regulations and guidance. Here, [the authors] focus on the most salient items still left to be answered, although other details are also outstanding." (Milliman)

Order to Tame 'Excessive' Reserves a Catch-22 for Health Insurers
"You're sitting on too much money and have to spend it in the community, one chief insurance regulator tells a dominant health insurer, while another state regulator has different, minimum requirements. Washington D.C. acting insurance commissioner Chester McPherson has ordered CareFirst BlueCross BlueShield to dedicate more of its reserves to community health investments -- a demand that may conflict with reserve requirements in other states." (Healthcare Payer News)

California's New Paid Sick Leave Law Widely Misunderstood, Spells Trouble for Small Businesses
"California's new paid sick law goes into effect January 1, but many small businesses don't understand the law or its impact for their operations.... [1] 'I don't need to comply until July 1, 2015.' There is no time to waste.... [2] 'Small businesses aren't covered by the statute.' This is just wrong.... [3] 'I already have a sick leave policy so I don't need to worry about the statute.' Many small businesses already have a PTO or sick leave policy that provides for at least six days annually of PTO, but that is not enough." (Temple City Tribune)

Benefits in General; Executive Compensation

Employee Stock Plans: Year-End International Reporting Requirements
"This Commentary highlights some of the principal calendar and year-end reporting requirements for employee stock plans that U.S. companies most commonly encounter when offering these programs to their employees in selected jurisdictions worldwide.... A chart summarizing these items [is included]." (Jones Day)

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