Health plan admin - misc (BenefitsLink.com)Headlines re Health plan admin - misc, gathered by BenefitsLink.comGuidance Overview Prominent Provisions of the Genetic Nondiscrimination Act- (Found June 19, 2008 ) Excerpt: "The Secretary of Labor is provided new enforcement authority. It may impose a penalty against the plan sponsor or issuer for failure to meet the requirements of ERISA 701 and 702 regarding genetic information and discrimination. The permissive penalty is $100 per day for each participant or beneficiary to whom the failure applies. If the failure is discovered by the Secretary before it is corrected, however, a minimum penalty of at least $2,500 per person shall apply (or, where..http://benefitslink.com/articles/guests/washbull080512.html Guidance Overview Worker Misclassification Investigations Gain Momentum- (Found June 19, 2008 ) Excerpt: "Undoubtedly, some industries are both more prone to misclassify workers and more vulnerable to challenge due to the nature of the work involved. Construction, transportation and even the medical profession have proven at risk on the issue." (Attorney Roy F Harmon III in the Health Plan Law blog)http://healthplanlaw.com/?p=629 Guidance Overview Golden State Court Allows Gay Marriages- (Found June 19, 2008 ) Excerpt: "With the 172-page ruling, including a majority opinion penned by Chief Justice Ronald M. George, California becomes the second U.S. state behind Massachusetts to allow gay marriage, according to news reports . . . . The decision was a product of a deeply divided court that narrowly approved the final holding 4 to 3." (PLANSPONSOR.com)http://www.plansponsor.com/pi_type11/?RECORD_ID=41497 Guidance Overview ERISA Preemption of State Bars on Discretionary Clauses in Health and Life Insurance Policies (PDF)- (Found June 19, 2008 ) At page 5. Excerpt: "For years, discretionary clauses have been challenged by ERISA plaintiffs and consumer groups. State insurance regulators entered the fray in 2002, and appear to be succeeding in setting aside these clauses for insured plans. Significantly, the usual ERISA preemption defense appears to be giving way to a wave of state insurance regulation preventing insured ERISA plans from giving Firestone discretion to fiduciaries of insured plans. This article examines some recent...http://www.proskauer.com/news_publications/newsletters/erisa/2008_05_01/_res/id=sa_PDF/162... Guidance Overview ADA and ERISA Claims Proceed for Employees Terminated After Child Incurred Large Medical Expenses- (Found June 19, 2008 ) Excerpt: "The employees were terminated following an investigation that commenced just eleven days after a relapse of their son's cancer; the investigation showed discrepancies between their time sheets and security gate entranceexit records. The Tenth Circuit noted concerns expressed by the employer about the son's health care costs and the close 'temporal proximity' between the son's relapse and the employees' termination (less than three weeks for the father and approximately six weeks..http://www.ebia.com/weeklyguest/19390/2008060617d7e52f643f9f93137bac2283561ebb/BNL080515 Opinion NCCMP Comments to DOL Proposed Regulation on Form T-1 (PDF)- (Found June 19, 2008 ) 33 pages. Excerpt: "The latest effort to establish a Form T-1, in large part, fails to take into account the predominant role of ERISA in establishing rigorous reporting and disclosure requirements on all employee benefit plans. More troubling still, the Notice of Proposed Rulemaking, or 'NPRM' exhibits little understanding of the body of employee benefits law that has developed since 1974 that has drastically altered the regulatory framework governing employee benefit plans. Finally,...http://www.nccmp.org/submissions/pdfs/DOL/05_05_08_Comments.pdf ERISA Preemption Means California G.ay Marriage Ruling Not a Slam-Dunk for Benefits- (Found June 19, 2008 ) Excerpt: "Because the federal government doesn't recognize gay marriage and California already has a strong domestic partnership law, the new ruling's nuts-and-bolts impact on gay couples' personal finances is expected to be limited, analysts said. For example, Social Security survivor benefits and Cobra, the continuation of employer health insurance after a job loss or divorce, still apply exclusively to the traditionally married." (Marketwatch)http://www.marketwatch.com/news/story/california-gay-marriage-ruling-not-slam-dunk/story.a... Q and A: Same-Sex Marriages in California- (Found June 19, 2008 ) Excerpt: "Q: Will people in domestic partnerships automatically convert to marriage A: No. There is no provision in the ruling to automatically convert domestic partners to marriage. Q: Do I have to dissolve a domestic partnership to get married A: No. California permits an individual to be in a domestic partnership and be married, as long as it is to the same person." (Los Angeles Times)http://www.latimes.com/news/nationworld/la-me-gayqanda16-2008may16,0,2598614.story Google Health Launches to Questions About Privacy- (Found June 19, 2008 ) Excerpt: "Google has formally launched its Google Health effort to allow patients access their personal health records no matter where they are, from any computing device, through a secure portal hosted by Google." (eWeek)http://www.eweek.com/c/a/Health-Care/Google-Health-Launches-to-Questions-About-Privacy/ Guidance Overview Milliman's Monthly Benefit News and Developments, June 2008 (PDF)- (Found June 19, 2008 ) 2 pages. The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits. (Milliman)http://www.milliman.com/expertise/employee-benefits/publications/mbnd/pdfs/MBND06-10-08.pd... |