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Business Insights, Research & Perspectives

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November 6, 2008

Agencies Finalize Rules on Maternity Hospital Length of Stay

The IRS, DOL and HHS have issued final rules relating to the federal Newborns’ and Mothers’ Health Protection Act of 1996 (“Newborns’ Act”).  These rules are substantially the same as the interim regulations issued several years ago.  Nevertheless, it is a good time to review plans to ensure compliance. 

November 6, 2008

2009 Retirement Plan COLAS

Following are highlights of the 2009 cost-of-living adjustments issued by the IRS, applicable to defined benefit and defined contribution plans.

November 6, 2008

San Francisco’s Health Care Ordinance Challenged Again

As a follow-up to last month’s Benefit Beat article, San Francisco’s Health Care Ordinance Stands, the 9th Circuit Court of Appeals’ three-judge panel decision was not good enough for the Golden Gate Restaurant Association (GGRA).  The GGRA has requested a rehearing of this matter before the whole (en banc) 9th Circuit Panel.  In the meantime, employers still have to grapple with satisfying San Francisco’s HCSO mandate.

November 6, 2008

Notice Reminders: Medicare Part D

  • Annual Medicare Part D Notices. The annual notices of creditable and noncreditable coverage to Medicare-eligibles must be provided no later than November 14, 2008.  Notices to be used on or after June 15, 2008, as well as Creditable Coverage Guidance, are all available on-line from the CMS website, or can be viewed from these links:
    • Model Individual Creditable Coverage Disclosure Notice (English or Spanish)
    • Model Individual Non-Creditable Coverage Disclosure Notice (English or Spanish)
    • Model Personalized Individual Disclosure Notice (English or Spanish)
  • Disclosure Notice to CMS.  An annual report,Creditable Coverage Disclosure Form, must also be submitted to CMS describing whether the prescription drug coverage is creditable or not creditable.  This filing must be accomplished electronically, and is due within 60 days of the commencement of the plan year.  For details about this notice, see CMS guidance and/or Form Instructions and Screen Shots.

 

October 12, 2008

Massachusetts Fair Share Requirement Relaxed?

The Commonwealth of Massachusetts has issued new regulations relating to the fair share contribution requirement. While the Massachusetts health care reform experiment does not require employers to provide, or make a contribution toward, health coverage for their employees, it does impose an annual financial fee assessment ($295 per employee) upon employers who do not.

October 12, 2008

Health Coverage Rights for Students on Medical Leave: “Michelle’s Law”

On October 9, 2008, President Bush signed a law (H.R. 2851) that requires individual and group health plans to extend health coverage to dependent college students who take a medically-necessary leave of absence due to a serious illness or injury. This law was enacted as a result of the death of a seriously-ill college student forced to retain full-time student status in order to maintain much needed health coverage.

October 12, 2008

Mental Health Benefits Expanded

As part of the Emergency Economic Stabilization Act of 2008 (H.R. 1424), a new mental health parity provision becomes law. The existing federal mental health parity law requires that annual and lifetime limits for mental health services be comparable to those for medical and surgical services. Under the new law, mental health services must be treated in a substantially similar manner to medical and surgical services. This would include: 

October 12, 2008

San Francisco’s Health Care Ordinance Stands

On September 30, 2008, the 9th U.S. Circuit Court of Appeals rendered its Opinion relating to ERISA preemption of the City of San Francisco’s Health Care Security Ordinance (Golden Gate Restaurant Assn. vs. City and County of San Francisco; Case No: 07-17370, 9/30/08). The 9th Circuit Court has upheld the Ordinance, which went into effect 1/9/08 for employers with 50+ employees; 4/1/08 for employers with 20+ employees.

October 12, 2008

ADA Amended

On September 25, 2008, President Bush signed the Americans with Disabilities Amendments Act of 2008 into law. This law amends certain aspects of the Americans with Disabilities Act enacted in 1990, which prohibits employment discrimination against qualified individuals on the basis of disability. Specifically, the ADA Amendments Act, which becomes effective January 1, 2009, modifies the definition of “disability”, as well as broadens the classifications and categories of “major life activities” for purposes of determining the effects of a disability.

October 12, 2008

HEART Act FSA Cash-out Explained

In June, 2008, a law was passed (Heroes Earnings Assistance and Relief Tax Act of 2008, “Heroes Act” or “HEART Act”, Public Law 110-245; see the June 2008 edition of Benefit Beat), addressing several employment and benefit-related matters specifically applicable to employees called to active service. One of these provisions allow a distribution for non-medical reasons from a health flexible spending account (health FSA). The IRS has issued Notice 2008-82 flushing out this provision.

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