Pension and Welfare Brief: Can the Retiree Health Benefits Provided by Your Employer Be Cut?
United States Department of Labor-Office of the Solicitor
This guide answer commonly asked questions about employee health benefits including the circumstances under which a company can reduce or terminate benefits.
Stark Realities: How the Physician Self-Referral Act Affects Group Practices
Dingeman, Dancer & Christopherson, P.L.C.
Though the Physician Self-Referral Act (Often called the Stark Law or Stark II) was enacted in 1993, few Physicians.
Employees May have Insurance Continuation Rights Under Both Cobra and the Illinois Insurance Code
Momkus McCluskey, LLC
Most employers are familiar with the federal Consolidated Omnibus Reconciliation Act (COBRA), but few may be aware .
Mental Health Parity
Dept. of Health and Human Services
Obligation from the Department of Health and Human Services summarizing the Mental Health Parity Act of 1996.
New Final Cobra Regulations
Rudman & Winchell
The Treasury Department published new, final COBRA regulations on February 3, 1999.
The Newborns' and Mothers' Health Protection Act of 1996
Dept. of Health and Human Services
Fact sheet prepared by the Department of Health and Human Services regarding the Newborns' and Mothers' Health Protection Act of 1996.
Where Managed Care Plans Have Decided Not to Renew Their Medicare Contracts
Dept. of Health and Human Services
Brochure from the Department of Health and Human Services which outlines for consumers their options when a health care providers decides to non-renew a Medicare contract.
Group Term Life Insurance Over $50,000: A Planning Opportunity for Executives
Rosenman & Colin LLP
As you may be aware, only the first $50,000 of employer provided group term life insurance is excludable from an em.
Recent Developments in Compensation & Benefits Law
William S. Veatch of Cooley Godward Kronish LLP
This alert details that effective January 1, 1998, small employers in California that provide health insurance coverage to their employees under an insured plan will be required to provide continuation group health coverage, essentially identical to that required under the federal COBRA continuation of health coverage law.
Federal Health Care Law To Impose New Requirements on Employers and Insurers
John H. Eggertsen of Honigman Miller Schwartz and Cohn LLP
In August of 1996, Congress passed, and President Clinton signed into law, the Health Insurance Portabil.
Operational Policy Letter: Notice of Discharge and Medicare Appeal Rights
Dept. of Health and Human Services
Operational policy letter from the Department of Health and Human Services which provides model language for Notice of Discharge and Medicare Appeal Rights (Formerly known as the Notice of Non-coverage - NONC).
Employer Health Plans May Reimburse Employees for Purchases of Over-the-Counter Drugs
Timothy D. S. Goodman of Dorsey & Whitney LLP
In a significant development, the Internal Revenue Service has issued new guidance in a Revenue Ruling permitting health flexible spending accounts to reimburse participants for the cost of over-the-counter drugs, such as aspirin, antacids, and allergy medicines. Because many health plans are about to send out annual enrollment materials, employers will want to analyze this new guidance now.
Employee Benefits Regulatory Update
Saul Ewing LLP
The Internal Revenue Service, the Department of Labor and the Department of Health and Human Services have issued r.
The Administration's Response to Questions about the State Children's Health Insurance Program--Fourth Set
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which answers various questions raised by states, providers, consumers and others about the State Children's Health Insurance Program.
Considerations When Retiring From The Practice Of Medicine
Bruce D. Armon of Saul Ewing LLP
Over the next several years, thousands of physicians are expected to stop practicing medicine. Th.
Retiree Medical Redux
Littler Mendelson, P.C.
This article discusses the mounting problems of providing retiree medical benefits for quickly aging population.
Caution: Legislators at Work: A Survey of Recent Federal Healthcare Legislation
T. Daniel Hollaway of Hollaway & Gumbert, PC
As an attorney involved in representing health care providers for many years, I have become familiar with the .
New Guidance on Administration of Health Care Plans
Faegre & Benson LLP
This update summarizes two recent guidance reports from the Department of Labor and Health Human Services in which the Department provided clarification of the Woman's Health & Cancer Rights Act of 1988 and the National Medical Child Support Notice.
Analysis & Comments On Health and Human Services' Just-Released HIPAA Security Rules
Richard D. Marks,Paul T. Smith,Thomas E. Jeffry and Rebecca L. Williams RN of Davis Wright Tremaine LLP
Over five years ago the statutory deadline (February 28, 1998) passed for the Secretary of Health and Human Services (HHS) to issue the HIPAA security rules in final form. Now we have the rules. They were released in prepublication form on February 13, and appeared in the Federal Register on February 20, 2003.
Employers Face Potential New Responsibilities Under Welfare Reform
Rosenman & Colin LLP
Employers should also be aware of aspects of the new welfare reform act, the Personality Responsibility and Work .
Frequently Asked Questions: What is Medicare
Dept. of Health and Human Services
Brochure from the Department of Health and Human Services which answers frequently asked questions from consumers about Medicare.
Your Right to Documentation of Health Coverage
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which briefly describes changes in Federal law that may affect consumers' health coverage if they are enrolled or become eligible to enroll in health coverage that excludes coverage for preexisting medical conditions.
Cooley Alert: Essential Retirement and Welfare Plan Updates
Cooley Godward Kronish LLP
This alert summarizes the recent retirement and welfare plan updates.
Medicare
Social Security Administration
This publication provides information about Medicare hospital insurance and medical insurance.
Work Changes Require Health Choices
United States Department of Labor-Office of the Solicitor
This guide by the Pension and Welfare Benefits Administration gives an overview of issues an employee must consider when he/she changes jobs.
California Health Insurance Premium Program Notice Requirement
Cooley Godward Kronish LLP
This report details the update of Section 2807 of the California Labor Code which imposes a notice requirement on every California employer who is subject to the federal COBRA health insurance continuation requirements. The standardized notice provided by the Department of Health Services, which employers must provide to former employees.
Questions and Answers: Recent Changes in Health Care Law
Ray Olson of United States Department of Labor-Office of the Solicitor
This guide provides answers to commonly asked questions about the Health Insurance Portability and Accountability Act of 1996.
Temporary Regulations Issued on Mental Health Parity
Rosenman & Colin LLP
As we reported in our December, 1997 Newsletter, the Mental Health Parity Act of 1996 ("MHPA"), which ame.
Health and Welfare Compliance Update
Rosenman & Colin LLP
The Employee Retirement Income Security Act of 1974 ("ERISA") was amended by the Mental Health Parity Act.
Benefits Briefs Vol. 13, No. 1
Nixon Peabody LLP
This article summarizes the eligibility requirement for a highly compensated employee, the definition of temporary work status and what is required for COBRA notice.
General Facts on Women & Job Based Health Benefits
United States Department of Labor-Office of the Solicitor
This fact sheet provides information about women in the workforce and the health benefits they require.
Highlights of Proposed Federal Rule Governing Confidentiality of Healthcare Information
Jackie Huchenski of Moses & Singer LLP
In response to widespread concern that information otherwise regarded as private becomes readily accessible to the.
The Tangled Web We Weave: The Intersection of Workers Compensation and Labor and Employment Laws- Part I
John M. Cerilli of Buchanan Ingersoll & Rooney PC
Introduction Due to an explosion of state and federal legislation over the last 20 years, employers now find that .
Benefits and Compensation Update
Pepper Hamilton LLP
This update features the following articles: IRS Extends Remedial Amendment Period; IRS Issues Final and Proposed COBRA Regulations ; Parking and Transit Reimbursement Programs; IRS and DOL Address Paperless Transactions.
New Guidance for Employees Eligible for Continuation Coverage
Wendy W. Citron of Briggs & Morgan
With the enactment of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), an employee's decision to elect -- or not elect -- COBRA continuation coverage has become more complex. Although most of your employees are aware that they have COBRA continuation rights, they likely are less aware of their rights under HIPAA.
DOL Issues Proposed Summary Plan Description Regulations
Rosenman & Colin LLP
In September, the DOL issued proposed regulations regarding Summary Plan Descriptions ("SPDs"). .
Supreme Court Extends Employer Obligation To Provide COBRA Coverage
Littler Mendelson, P.C.
This report concern a recent U.S. Supreme Court ruling in which the Court held that an employer may not deny COBRA continuation coverage to a qualified beneficiary who is already covered under another group health plan at the time he or she makes a COBRA election.
Certificates of Credible Coverage Under the Health Insurance Portability and Accountability Act of 1996
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which describes the concept of credible coverage under the Health Insurance Portability and Accountability Act of 1996.
The Truth About Texas' Prompt Payment Laws For Healthcare Providers
T. Daniel Hollaway of Hollaway & Gumbert, PC
The intent of this article is twofold. First, I hope to set the record straight about the legal .
Managing Employee Benefits
Small Business Administration
This publication provides information on how to manage employee benefits at a small business.
Mental Health Parity-The Regulations
Bodman LLP
The IRS, Pension and Welfare Benefits Administration and Department of Health and Human Services have jointly issue.
New Laws Affect Welfare Benefit Plans
Briggs & Morgan
Certain issues related to welfare benefit plans have been addressed by recently enacted laws and regulations. Thes.
Life Events Impact Women's Health Benefit Needs
United States Department of Labor-Office of the Solicitor
This fact sheet provides information regarding the life changes that affect female workers health benefit needs.
New Federal Law Mandates Coverage for Some Mastectomy-Related Surgery
Rosenman & Colin LLP
As you may be aware, late this year, Congress enacted the Women's Health and Cancer Rights Act which requires hea.
Mental Health Parity--The Regulations
Bodman LLP
The IRS, Pension and Welfare Benefits Administration and Department of Health and Human Services have jointly issue.
Cooley Alert: IRS Extends Qualified Plan Amendment Deadline
Cooley Godward Kronish LLP
This alert contains several articles on taxation issues including news that the IRS is extending the qualified plan amendment deadline. Also, this alert contains information pertaining to the IRS's new guidance regulations relating to COBRA.
Employee Benefits & Executive Compensation Update
David P. Doyle of Day Pitney LLP
This update covers four topics which include a brief summary of the new changes to the IRS Voluntary Compliance Programs; New Jersey's legislation on biologically based mental illness benefits; a short synopsis on New Jersey Supreme Court's holding that IRA assets that were fraudulently conveyed to defeat creditor are not protected; and IRS's re-calculation of cost of employer provided group term life insurance is likely to please employees.
2008 Federalist Society Tax Policy Conference Panel: "How our Tax Laws Affect how Health is Paid for and Delivered"
Eileen J. O'Connor,Amy Monahan,Robert B. Helms and Michael F. Cannon of The Federalist Society
The Federalist Society's Tax Policy Conference discusses: 1) how our tax laws affect how health care in our country is paid for and delivered; 2) whether and, if so, how our tax laws aff ect charitable activities, religious institutions, and free speech; and 3) tax expenditures.
Health Benefits Under (COBRA)--The Consolidated Omnibus Budget Reconciliation Act
General Services Administration, General Counsel Office
Guide to the Consolidated Omnibus Budget Reconciliation Act (COBRA) from the General Services Administration which provides a general explanation of COBRA requirements, outlines the rules that apply to health plans for employees in the private sector and spotlights consumer rights to benefits under this law.
Health FSAs Are Subject To The HIPAA Privacy Rule
Jessica Forbes Olson of Dorsey & Whitney LLP
Prior to the April 14, 2003 deadline for compliance with the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule, the U.S. Department of Health and Human Services ("DHHS") was considering whether a Health Flexible Spending Arrangement ("Health FSA"), also known as a Health Care Reimbursement Account, is a ?health plan? that would need to comply with the HIPAA Privacy Rule. On April 24, 2003, DHHS announced its conclusion that, because a Health FSA is an ERISA employee welfare benefit plan that pays for medical care, it is a health plan and thus a covered entity under the HIPAA Privacy Rule. Accordingly, employers that sponsor a Health FSA will need to review the Health FSA?s compliance with the HIPAA Privacy Rule.
Supreme Court to Clarify COBRA
Rosenman & Colin LLP
As you know, it is now common for two working spouses to have the option of electing employer provided medical car.
Contentious COBRA Question Answered
Bodman LLP
COBRA continuation coverage ends if the covered individual becomes covered by another group health plan. But what i.
Consumer and Employer Questions Regarding the Mental Health Parity Act
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which answers consumer and employer questions regarding the Mental Health Parity Act.
New COBRA Notice Rules Proposed
Alan R. Ross of Dorsey & Whitney LLP
On May 28, 2003, the Department of Labor (ÃÂDOLÃÂ) published proposed regulations relating to the notice requirements under the health care coverage continuation provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (ÃÂCOBRAÃÂ). Although these are only proposed regulations, employers should review their COBRA notices and procedures to ensure that they are in compliance with current law.
Only Three Months Until the HIPAA Privacy Compliance Deadline
Michael F. Rosenblum and Angela R. Mersch of Wildman, Harrold, Allen & Dixon LLP
In 1996, Congress passed the Health Insurance Portability and Accountability Act ("HIPAA"). HIPAA is a comprehensive health reform act whose purpose is to improve the availability of health insurance coverage. Among other things, HIPAA facilitates the electronic transmission of patient health, administrative and financial data.
New Rules Regarding Coverage Changes Under Cafeteria Plans
Dykema Gossett PLLC
The Internal Revenue Service recently issued temporary and proposed regulations ("new IRS regulations") t.
U.S. Supreme Court Decides on COBRA: Employers Must Provide COBRA Even if Participant has Other Coverage at Time of COBRA Election
Carolyn S. Nestingen of Briggs & Morgan
Does an employer with a group health plan need to offer COBRA continuation coverage to former employees or other pl.
Laws Change Regarding Child and Medical Support Withholding
Briggs & Morgan
Due to the increasing number of children in families of divorced couples and single parents, many children in the.
New Changes May Ease Employers' Benefit Administration
Thomas M. Hughes of Moss & Barnett A Professional Association
Significant changes to the pension and health plan rules which may actually simplify the running of benefit program.
The Administration's Response to Questions about the State Children's Health Insurance Program--First Set
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which answers various questions raised by states, providers, consumers and others about the State Children's Health Insurance Program.
Major Supreme Court COBRA Ruling
Rosenman & Colin LLP
As we reported in our last Newsletter (June, 1998), the U.S. Supreme Court has issued a major decision involving C.
The HIPAA Hook: Medical Flexible Spending Accounts and Employee Assistance Programs Pull Fully Insured Employers into the HIPAA Privacy Compliance Net
Philip L. Gordon and Steven J. Friedman of Littler Mendelson, P.C.
The popularity of medical FSAs and the prevalence of EAPs means that many employers, even those with fully-insured medical, dental, and vision plans, will need to address compliance with the HIPAA Privacy Rule before the April 14, 2004 compliance deadline. Employers who have failed to bring their medical FSA or their FSA into compliance with the HIPAA Privacy Rule may then discover a costly Achilles' heel.
IRS Authorizes Grace Periods for Employer-Sponsored FSA Accounts
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
On May 18, 2005 the IRS issued Notice 2005-42 which significantly impacts reimbursement deadlines for health care expenses under employer-sponsored flexible spending accounts (FSA's). FSAs are an employee benefit by which employees voluntarily set aside a portion of their pre-tax compensation to cover anticipated health care expenses for the following year. The IRS previously utilized a "use it or lose it rule" whereby employees automatically forfeited any unused monies remaining in their FSA accounts at the end of the plan year.
Saying Too Much: Court Turns Retirement Incentive Offer Into Guaranteed Lifetime Retiree Health Benefits Plan
Andrew J. Clark of Weil, Gotshal & Manges LLP
This article highlights a 10th Circuit decision that ruled in favor of an employee that was given a retirement incentive offer. The court held that the letter created a new obligation under an ERISA welfare benefit plan.
Medicare Supplemental Insurance
Dept. of Health and Human Services
Brochure from the Department of Health and Human Services which provides detailed information about Medicare supplemental insurance (also known as Medigap).
Stark II: What it Means for Group Income Distribution Plans
Deborah W. Larios of Waller Lansden Dortch & Davis LLP
For many medical groups, revenues from ancillary services make up a substantial portion of the group's profits. Inc.
Compliance Guide to the Family and Medical Leave Act
General Services Administration, General Counsel Office
Compliance guide from the General Services Administration Consumer Information Center which summarizes the Family and Medical Leave Act (FMLA) provisions and regulations , and provides answers to the most frequently asked questions about FMLA.
Cafeteria Plans Grow in Popularity
Sue O. Conway of Warner Norcross & Judd LLP
This article provides a discussion of cafeteria plans in the selection of benefits.
Answers to Questions from Small Businesses Regarding the Provisions of the Health Insurance Portability and Accountability Act of 1996
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which answers questions from small business owners regarding provisions in the Health Insurance Portability and Accountability Act of 1996.
PAYERID: More Than A Number
Dept. of Health and Human Services
Publication from the Department of Health and Human Services which outlines the development of PAYERID in order to simplify, standardize, and otherwise improve the process of exchanging electronic health care information.
Viagra: The Ups and Downs
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
This article concerns employers with group healthcare plans which exclude coverage of contraceptives risk violating the Pregnancy Discrimination Act ("PDA") and Title VII.
Department Of Labor Issues Guidance on Women's Health and Cancer Rights Act Of 1998 Notices
Bodman LLP
You will recall that the Women's Health and Cancer Rights Act of 1998 (WHCRA) added Section 713 to the Employee Ret.
HIPAA Compliance and Prospective and Existing Clients
Robert C. Christenson of Fisher & Phillips LLP
Professional Employer Organizations ("PEOs") often encounter health information pertaining to the employees of prospective clients, or to their co-employees. This article explores how HIPAA's new privacy rules impact PEOs both in the client in-take process, and after the PEO has become a co-employer.
Questions and Answers Regarding Notice Requirements Under The Women?s Health and Cancer Rights Act of 1998
Dept. of Health and Human Services
Publication from the Department of Health and Human Services answering questions regarding the notice requirements in the Women's Health and Cancer Rights Act of 1998.
Health Savings Accounts â Are They The Cure For Employers' High Medical Plan Costs?
Steven J. Friedman,Susan L. Letney and Michelle P. Thomas of Littler Mendelson, P.C.
Employers are searching for new medical plan options to allow them to better manage runaway medical costs, which have in recent years outstripped inflation. Employers are also searching for vehicles that will force employees to become better consumers of medical services and that will permit employees to take some responsibility for their retiree medical costs.
Misclassifying Employees as Independent Contractors can be Costly
Rosenman & Colin LLP
Employers may face serious financial exposure when an individual the employer classified as an independent contract.
New Rules Defining Dependents Will Impact Employee Benefits
Steven J. Friedman and Michelle P. Thomas of Littler Mendelson, P.C.
Congress recently passed the Working Families Tax Relief Act of 2004 (?WFTRA?). This new law amended the definition of dependent found in Section 152 of the Internal Revenue Code. The law takes effect for tax years beginning on or after January 1, 2005.
Pension and Health Care CoverageÃÂ
Questions and Answers for Dislocated Workers
United States Department of Labor-Office of the Solicitor
This booklet addresses some of the common questions asked by dislocated workers and also contains a list of additional resources for the dislocated worker.
Texas Enacts Contraceptive Equity Law
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
The Texas Legislature has enacted a new law that requires coverage under a health benefit plan for prescription contraceptive drugs, devices and related services. The new law took effect on September 1, 2001.
What Should Be Included In Your Personnel Handbook: Part I
Louis C. Rabaut of Warner Norcross & Judd LLP
This articles discusses the major topics to include in an employee handbook.
Information Memorandum Regarding Children's Health Insurance Program--Children with Disabilities
Dept. of Health and Human Services
Memorandum from the Department of Health and Human Services to state agencies providing them with information on implementation of the Children's Health Insurance Program.
New Group Health Plan Requirements
Rosenman & Colin LLP
As you are probably aware, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), imp.
Florida Legislature Yields to DCS's Interpretation of Florida Patient Self Referral Act
Michael P. DeVoe of Broad and Cassel
During the 1998 legislative session, the Florida legislature declined to override the First District's highly criti.
Office of the Assistant Secretary for Planning and Evaluation Department of Health and Human Services Proposes Standards for Privacy of Individually Identifiable Health Information
Mark Tatelbaum and Robert Waters of Arent Fox LLP
This Alert discusses a proposed rule published by the Office of the Assistant Secretary for Planning and Evaluation, Department of Health and Human Services setting forth standards for Privacy of Individually Identifiable Health Information.
HR's Role in HIPAA Security Compliance
Philip L. Gordon of Littler Mendelson, P.C.
Suffering "HIPAA Privacy Rule fatigue," many human resources and benefits professionals have passed the compliance baton for the HIPAA Security Rule to their colleagues in the Information Technology (IT) Department. Letting IT grapple on its own with the HIPAA Security Rule most likely will mean that your organization will not meet the April 21, 2005, compliance deadline for covered health plans with annual receipts exceeding $5 million, or even the April 21, 2006 compliance deadline for covered health plans falling below that threshold.
Sample Notice to Group Health Plan Participants of Benefits Required Under Women's Health and Cancer Rights Act of 1998
Briggs & Morgan
As we advised in our previous Alert dated December 7, 1998, all group health plans are required to notify their par.
EEOC Announces Relief For Employers Providing Retiree Health Benefits
Lisa C. Chagala of Littler Mendelson, P.C.
On April 22, 2004, the EEOC approved a final rule that would permit employers to provide lesser benefits to retirees who are eligible for Medicare than to retirees who are not yet eligible for Medicare. This final rule would provide employers the opportunity to maintain certain retiree health programs, such as Medicare bridge programs and Medicare carve-out programs, with reduced risk of violating the EEOC's policy on the Age Discrimination in Employment Act ("ADEA").
IRS Allows Employers to Provide Grace Period For Flexible Spending Accounts
Steven J. Friedman and Michelle P. Thomas of Littler Mendelson, P.C.
On May 18, 2005, the Internal Revenue Service issued Notice 2005-42 which permits employers to adopt a grace period of up to 2½ months after a plan year for participants in flexible spending accounts ("FSAs") to use FSA funds which were unused during that plan year.
No Disability Insurance Coverage Under COBRA
Tydings & Rosenberg LLP
In this era of complicated and ever changing health care laws, business ownersÃÂboth large and smallÃÂreceived so.
COBRA Continuation Rate Structure Clarified
Carolyn S. Nestingen of Briggs & Morgan
Rules for continuation coverage under group medical plans through the provisions of COBRA require an employer to .
The Women's Health and Cancer Rights Act of 1998: General Questions and Answers
Dept. of Health and Human Services
Brochure from the Department of Health and Human Services answering questions regarding the Women's Health and Cancer Rights Act of 1998.
Frequently Asked Questions About Security and Electronic Signature Standards Under the Health Insurance Portability and Accountability Act
Dept. of Health and Human Services
Answers to questions regarding the new standards developed to protect the confidentiality, integrity, and availability of individual health information under the Health Insurance Portability and Accountability Act.
Health and Welfare Changes: Small Business Job Protection Act of 1996 and Health Insurance Portability and Accountability Act
Carolyn S. Nestingen of Briggs & Morgan
Small Business Job Protection Act of 1996 and Health Insurance Portability and Accountability Act Health and W.
HIPAA and Local Government Health Plans
James P. McElligott of McGuireWoods LLP
This article reviews the Health Insurance Portability and Accountability Act ("HIPAA") and how this act has affected local government health plans.
Employers Have New USERRA Obligations
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
President Bush recently signed the Veterans Benefit Improvement Act (VBIA) of 2004. One of VBIA's key provisions allows employees on military leave to continue coverage in their employer's health plan for up to 24 months instead of 18, as before. Another key provision requires employers to annually provide employees with notice of their rights, benefits and obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Top 10 Ways to Make Your Health Benefits Work for You
United States Department of Labor-Office of the Solicitor
A guide by the Pension and Welfare Benefits Administration to reviewing health and retirement policies for favorable terms.