Health plan admin - misc (BenefitsLink.com)Headlines re Health plan admin - misc, gathered by BenefitsLink.comOpinion Groom Law Group Weighs in on Supreme Court Debate over Conflict of Interest Case: MetLife Insurance Co. v. Glenn- (Found June 19, 2008 ) Excerpt: "At issue is whether and how a court will consider the fact that the same entity that funds a benefit plan also decides a participant's claim for benefits under the plan. Some courts have viewed this dual role as a conflict of interest that requires a more heightened standard of review of the benefit claim decision than otherwise would be required. Why should retirement plan administrators care about this case Under current law, if the entity that funds the plan also decides...http://www.businesswire.com/portal/site/home/email/headlines/?ndmViewId=news_view&news... Periodic Audits of ERISA Plans and Employment Policies and Practices Can Prevent Costly Mistakes- (Found June 19, 2008 ) Excerpt: "Self-Audits are reviews that companies usually undertake with the assistance of benefits counsel to identify legal compliance gaps in their plans, policies andor operational procedures. The audit focuses on areas that could place the company at risk for governmental fines and penalties, as well as expose the company to an increased risk of lawsuits. These audits can be done for either or both a company's employment practices and employee benefits plans." (Aiken and Aiken)http://aikenandaiken.com/blog/benefits-lawyers/53 Guidance Overview White House Calls for Regulations to Be Finalized by November 1, 2008- (Found June 19, 2008 ) Excerpt: "On May 9, 2008, the White House issued a Memorandum to the Heads of Executive Offices and Agencies stating that, 'except in extraordinary circumstances, regulations to be finalized in this Administration should be proposed no later than June 1, 2008, and final regulations should be issued no later than November 1, 2008.' It is not clear how this Memorandum will affect the many pending regulations relating to employee benefit plans, including those relating to the Pension...http://benefitslink.com/articles/guests/washbull080602.html Report Traces $200B in U.S. Health Costs To Claims Processing Errors- (Found June 19, 2008 ) Excerpt: "AMA released the report at its annual meeting in Chicago to coincide with the launch of its 'Cure for Claims' initiative to reduce inefficiencies in payment claims . . . ." (California HealthCare Foundation)http://www.californiahealthline.org/articles/2008/6/17/Report-Traces-200B-in-US-Health-Cos... Guidance Overview Genetic Antidiscrimination Law Creates New Compliance Challenges for Employers- (Found June 19, 2008 ) Excerpt: "GINA's practical implications are likely to be broad if GINA achieves the intended objective of encouraging more individuals to take genetic tests and to seek out genetic counseling. While these implications are difficult to foresee, the Act itself suggests the following actions that employers should consider taking by the effective date:" (Littler)http://www.littler.com/presspublications/index.cfm?event=pubItem&pubItemID=19064&c... Guidance Overview Genetic Information Nondiscrimination Act Becomes Law (PDF)- (Found June 19, 2008 ) 4 pages. Excerpt: "Under Title I, employer-sponsored group health plans and health insurers providing group health plan coverage are prohibited from restricting enrollment or adjusting premium or contribution amounts for the group on the basis of genetic information. They may not request, require or purchase genetic information prior to an individual's enrollment in the plan or request or require genetic testing of the individual or a family member for underwriting purposes. However, a...http://www.buckconsultants.com/buckconsultants/Portals/0/Documents/PUBLICATIONS/Newsletter... The Effect of Conflicts of Interest on the Scope of Discovery- (Found June 19, 2008 ) Excerpt: "As discussed in a prior article, the federal judiciary has permitted limited discovery beyond the 'administrative record' as the inquiries may bear upon the question of a structural conflict of interest as, for example, where the administrator and the insurer are the same entity. Another level of conflict of interest may exist, namely, that of 'third parties', such as consultants, who review the record and advise the administrator." (Health Plan Law blog by Attorney Roy F....http://healthplanlaw.com/?p=619 Guidance Overview Prison Sentences Upheld for Unpaid Plan Contributions Under ERISA Theft Statute- (Found June 19, 2008 ) Excerpt: "Over a two-year period, the corporate executives in this case (a CEO and CFO) failed to make required contributions to the company's retirement plans and failed to use employee health plan contributions to pay benefits under that plan (almost $1.4 million in contributions was involved). The executives were convicted of various federal crimes (including ERISA theft and false statements) and given ten- and seven-year prison terms." (Employee Benefits Institute of America...http://www.ebia.com/weeklyguest/19386/20080530f6ac6cc120800f6a48f6de4fb0775f39/BNL080508 Guidance Overview Genetic Discrimination Bill Expected to Be Signed Into Law: Concern Over Some Consequences for Employers- (Found June 19, 2008 ) Excerpt: "The breadth of the definition of 'genetic information' raises numerous questions. For example, an employee seeking time off to care for a family member under the Family and Medical Leave Act must provide certification of the family member's serious health condition in order to qualify for leave. This knowledge would qualify as 'genetic information' under the statute's definition. Will employees be able to claim that subsequent disciplinary actions were founded on genetic...http://www.thompsonhine.com/publications/publication1430.html More Tying the Knot to Get Health Insurance- (Found June 19, 2008 ) Excerpt: "Some people marry for love, some for companionship and others for status or money. Now comes another reason to get hitched: health insurance. In a poll released Tuesday, 7 percent of Americans said they or someone in their household decided to marry in the past year so they could obtain health-care benefits via their spouse." (Chicago Tribune)http://www.chicagotribune.com/features/health/chi-marry-health-0513may13,0,7823173.story |