EBIA Weekly Archives - GHPM

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Results (297 articles found)


  1. DoD Outlines Expected Rules on TRICARE Prohibitions on Financial Incentives (Including Treatment of Cafeteria Plans)
    From the August 30, 2007 EBIA Weekly
    In a report to Congress, the Department of Defense (DoD) has indicated that it will soon issue interim final rules implementing certain TRICARE secondary payer provisions that Congress had approved in 2006 as part of a defense appropriations bill. The ...
    [Department of Defense "Report to Congress on the Relationship With Employer Sponsored Group Health Plans" (May 2007)]
  2. Do we count our employee's military service time to determine whether he is eligible for FMLA leave?
    From the August 02, 2007 EBIA Weekly
    QUESTION: One of our employees worked for us for nine months before being called to active military duty for three months. He is now back at work and has asked whether he can take FMLA leave to care for his ...
  3. HHS Extends Sunset Date of Mental Health Parity Act Regulations to December 31, 2007
    From the August 02, 2007 EBIA Weekly
    HHS has amended its interim final regulations under the Mental Health Parity Act (MHPA) to extend the date on which the regulations cease to apply (the sunset date) from December 31, 2006 to December 31, 2007. The change makes the ...
    [HHS Reg. Sec. 146.136, 72 Fed. Reg. 41230 (July 27, 2007)]
  4. Does a cafeteria plan with a cash-out option raise any concerns under the MSP rules?
    From the July 26, 2007 EBIA Weekly
    QUESTION: We have a cafeteria plan with a cash-out option for employees who don’t elect coverage under our company’s major medical plan. A few of our employees are entitled to Medicare. Does a cash-out ...
  5. EEOC Finalizes Changes to ADEA Regulations to Reflect Supreme Court's "Reverse Discrimination" Decision
    From the July 12, 2007 EBIA Weekly
    In 2004, the U.S. Supreme Court held that the federal Age Discrimination in Employment Act (ADEA), which bars employment discrimination against individuals who are 40 or older, does not prohibit so-called reverse discrimination—favoring older workers over ...
    [29 CFR Secs. 1625.2, 1625.4, and 1625.5, 72 Fed. Reg. 36873 (July 6, 2007)]
  6. CMS Issues Medicare Part D Benefit Parameters for 2008
    From the June 14, 2007 EBIA Weekly
    Under Medicare Part D regulations, most group health plans offering prescription drug coverage to Part D eligible individuals (including active and retired employees and beneficiaries) must disclose to CMS and to Part D eligible individuals whether the plan coverage is ...
    [Notification of Changes in Medicare Part D Payment for Calendar Year 2008 (Apr. 2, 2007)]
  7. EEOC Regulations Permitting Medicare Coordination in Retiree Group Health Plans Are Upheld
    From the June 07, 2007 EBIA Weekly
    In this long-awaited decision, the Third Circuit has rejected a challenge to proposed EEOC regulations that would allow employers to reduce, change, or eliminate retiree health benefits when retirees become eligible for Medicare (a practice known as “Medicare ...
    [AARP v. EEOC, 2007 U.S. App. LEXIS 12869 (3d Cir. 2007)]
  8. How does USERRA apply to health FSAs?
    From the May 31, 2007 EBIA Weekly
    QUESTION: We offer a health FSA under our cafeteria plan and have employees who may take USERRA leaves of absence. Does USERRA apply to health FSAs? ANSWER: Yes. USERRA’s health plan continuation and reinstatement rights for employees who ...
  9. Proposed Policy and Technical Changes to Medicare Part D Regulations, Including COB Provisions
    From the May 31, 2007 EBIA Weekly
    HHS has issued proposed regulations for the Medicare Part D program evidencing certain policy and technical changes to the final regulations issued in 2005 (see our article at http://www.ebia.com/WeeklyArchives/GHPM/Statutes/17678 (Premium Access subscription required)). ...
    [Medicare Program; Policy and Technical Changes to the Medicare Prescription Drug Benefit, 42 CFR Part 423, 72 Fed. Reg. 29403 (May 25, 2007)]
  10. Employee's Termination Following Increase in Health Plan Premiums Didn't Violate ADA or ERISA
    From the May 03, 2007 EBIA Weekly
    In this case, the employee sued her employer under the Americans with Disabilities Act (ADA) and ERISA, claiming that she was terminated because her condition (multiple sclerosis) caused her employer’s health plan premiums to increase. The employee had ...
    [Libel v. Adventure Lands of Am., Inc., 2007 U.S. App. LEXIS 8696 (8th Cir. 2007)]

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