[Opinion] Health Care Consumers Have Uphill Battle in Pushback Against High Prices
"To an economist it is astonishing that Americans have been content for so long to allow an economic sector that has absorbed an increasing portion of their incomes -- 18 percent of their gross domestic product now and 20 percent before too long -- to operate without any meaningful price transparency." (New York Times; free registration required)
[Guidance Overview] EEOC Issues Final Rule Extending Title VII And ADA Recordkeeping Requirements to GINA
"The EEOC issued a final rule extending the existing recordkeeping requirements under Title VII and the ADA to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). Effective April 3, 2012, employers with 15 or more employees must retain all personnel and employment records for at least one year, and must retain documents relevant to charges filed under GINA until their final disposition." (Practical Law Company)
Electronic Health Records Still Need Work
"America may be a technology-driven nation, but the health care system's conversion from paper to computerized records needs lots of work to get the bugs out, according to experts who spent months studying the issue." (BenefitsPro)
[Guidance Overview] Labor Department Offers Guidance on Electronic Disclosure But Not Much Relief
"The Release provides little relief to plan administrators who want to satisfy the disclosure requirements of the Regulation electronically but are stymied by the cumbersome requirements of the Safe Harbor as to Group 2 participants. Inexplicably, however, Method 2 in the Release is more difficult to implement than the consent procedures in the Safe Harbor for Group 2 participants." (McGuireWoods LLP)
[Guidance Overview] HHS Regulations Adopt Standards for HIPAA Electronic Funds Transfers
"[HHS] issued interim final regulations addressing standards for electronic funds transfers (EFTs) applicable to health care claims payments transmitted by health plans to health care providers." (Practical Law Company)
[Guidance Overview] HHS Adopts HIPAA Transaction Standards for Health Care Electronic Funds Transfer and Remittance Advice
"HHS confirmed that a health plan may rely on its financial institution to translate payment instructions into the new file format requirements without the financial institution necessarily becoming subject to HIPAA's requirements. But, as the preamble warns, the health plan, and not its financial institution, will be ultimately responsible for compliance." (Thomson Reuters/EBIA)
Guidance Provided on Electronic Health Record Incentives
"[M]edical providers must comply with standards for use of the technology and properly account for the incentive payments in an area where accounting principles are in an infant stage. [Last] week, the Healthcare Financial Management Association (HFMA) published an issue analysis to provide clarity on accounting for incentive payments received under the Health Information Technology for Economic and Clinical Health . . . Act." (American Institute of Certified Public Accountants)
Healthrageous Releases Mobile Health App
"[The Boston-based company said] that it has launched a mobile app called 'h!GO,' which is available to participants of the company's employer-sponsored online health management plans. The app presents a user with his or her individual health measurements on a handheld device . . . ." (Xconomy, Inc.)
[Official Guidance] Interim Final HHS Regs: Adoption of Standards for Health Care Electronic Funds Transfers and Remittance Advice (PDF)
"This interim final rule with comment period implements parts of section 1104 of the Affordable Care Act which requires the adoption of a standard for electronic funds transfers (EFT). It defines EFT and explains how the adopted standards support and facilitate health care EFT transmissions. . . . These regulations are effective on [the date of publication in the Federal Register, expected to be January 10, 2012]." (U.S. Department of Health & Human Services)
Affordable Care Act Provision Cuts Red Tape, Saves Up to $4.5 Billion
"New standards for electronic funds transfers in health care, required by the Affordable Care Act, will reduce up to $4.5 billion off administrative costs for doctors and hospitals, private health plans, states, and other government health plans, over the next ten years, according to estimates included in new rules published today by [HHS]." (U.S. Department of Health & Human Services)
2011 Saw Surge in HIPAA Compliance Issues
"According to a recent Ponemon research study, data breaches alone have risen by 32%. Ninety-two percent of all healthcare institutions report they've experienced one in the past two years, and each such incident costs an average of $2.2 million." (Forbes.com LLC)
Estimating Social Security Benefits
"In a cost-saving move, Social Security has suspended the annual mailing of personal benefit estimates, which traditionally arrived a few months before each covered worker's birthday. To estimate future benefits, workers below retirement age now must rely on online calculators, such as the worksheet available at www.ssa.gov/estimator[.]" (BenefitsPro)
[Guidance Overview] Technical Update on New Form 5500 Guidance
"The DOL will continue to process a Form 5500 that is filed with an invalid electronic signature (e.g., signing credentials that have not been activated). Such filings will receive a 'filing stopped' status and the preparer will need to amend the Form 5500, obtain a valid electronic signature and re-file the form (as an amended return) with the DOL." (SunGard Relius)
[Guidance Overview] Electronic Signatures on Forms 5500 and 5500-SF Become Mandatory for 2012
"[Beginning January 1, 2012, employer,] plan sponsors or plan administrators must electronically sign a Form 5500 or Form 5500-SF before they submit the form to the IRS and Department of Labor (DOL). Any individual who e-signs an original or amended return must have a valid EFAST2 user identification and personal identification number." (SmartHR)
Rewarding Patients for Cheaper Care
"This program provides cash rewards ranging from $10 to $75 for members that seek lower cost care for non-emergency outpatient procedures such as colonoscopies, MRI and CT scans, mammograms, lab work, bone density studies and ultrasounds. Members can call a toll-free number and to speak to a nurse who informs them of any lower cost plan providers in their area." (WGA InsureBlog)
Findings from The 2011 EBRI/MGA Consumer Engagement in Health Care Survey
"A significant portion of the population reported using a smartphone, and 1 in 5 reported using a tablet. Among them, about one-quarter reported using an app for health-related purposes. Among those not using an app, nearly one-half were interested in using one." (Empoyee Benefits Research Institute)
[Guidance Overview] DOL Clarifies and Reissues Interim Policy on Electronic Distribution of Participant-Level Fee Disclosures
"As the revised policy acknowledges, numerous parties have asked the DOL to extend the more lenient rules of FAB 2006-03 to all fee and expense information required under the participant-level fee disclosure rules. For now, though, the DOL is still declining to go that far." (Thomson Reuters/EBIA)
[Guidance Overview] DOL Revises Electronic Fee Disclosure Guidance for Pension Plans
"Administrators should review, and update as necessary, their methods for delivering participant-level fee disclosures to ensure that the methods comply with the requirements set forth in Technical Release 2011-03R." (Littler Mendelson P.C.)
[Guidance Overview] DOL Slightly Expands E-Delivery Options for Participant Fee Disclosures
"The alternative delivery system involves emailing information to participants who opt-in. The new guidance allows 24/7 web delivery via a secure web site, but only for participants who opt-in, in accordance with the alternative delivery system." (SunGard Relius)
[Guidance Overview] DOL Clarification of Electronic Fee Disclosure Guidance
"The revised release addresses two specific points relating to the use of continuous-access websites for disclosure purposes . . . ." (Morgan, Lewis & Bockius LLP)
Sprint Expands Wellness Efforts through Social Media
"Telecom giant Sprint estimates it saved approximately $1.1 million through a social media wellness challenge it launched last summer." (Employee Benefit News)
[Guidance Overview] DOL's Interim Guidance on Electronic Disclosures to Participants (PDF)
"This guidance applies to participant-directed defined contribution plans (including 403(b) plans) that are subject to ERISA. This rule does not apply to governmental plans, church plans that do not elect to be covered by ERISA ('nonelecting church plans'), or non-ERISA 403(b) plans." (The Prudential Insurance Company of America)
[Guidance Overview] DOL Clarification of Interim Policy on Electronic Disclosure of Participant-Directed Plan Fee Information
"The guidance confirms that certain disclosures can be made through a secure continuous access website and that investment-related information can be included in the pension benefit disclosure." (Practical Law Company)
[Guidance Overview] EBSA Clarifies Electronic Fee Disclosure Rules
"The technical release revises and restates Technical Release 2011-03 to clarify that continuous access websites are permissible electronic disclosures if the administrator complies with the conditions in the technical release; and investment-related information under paragraph (d) of the participant-level fee disclosure regulation may be furnished as part of, or along with, a pension benefit statement, either electronically under the conditions in the technical release or in paper form." (planadviser; free registration required)
Electronic Health Records: An International Perspective on 'Meaningful Use' (PDF)
"This issue brief describes the extent of meaningful use in three countries with very high levels of health information technology adoption -- Denmark, New Zealand, and Sweden. While all three have achieved high levels of meaningful use, none has reached 100 percent in all categories." (The Commonwealth Fund)
Delivering ERISA Disclosure for Defined Contribution Plans: Why the Time Has Come to Prefer Electronic Delivery (PDF)
"The single biggest objection to an electronic-first approach has probably been a concern about lack of Internet access for some participants. As the discussion [in this paper] has shown, the vast majority of plan participants have access to and use the Internet today. Moreover, electronic notice has important advantages in terms of access, for visually impaired participants, and for those who wish to use translation software." (Investment Company Institute)
Electronic Medical Records Transition Moves Ahead
"The aim is to ensure that all of the nation's medical records are computerized by 2014. There seems to be a broad consensus that increased use of electronic data will improve the quality of health care in the country and ultimately lower costs . . . ." (The Henry J. Kaiser Family Foundation)
[Guidance Overview] Have the 'HIPAA Police' Finally Arrived? HHS Launches Formal Audit Program
"The action is not unexpected; the American Recovery and Reinvestment Act of 2009 ('ARRA') required OCR to conduct the audits. However, the announcement, along with ARRA's increased penalties for not complying with HIPAA, may cause covered entities and business associates to refocus on HIPAA's requirements." (Quarles & Brady LLP)
GAO Testimony: OPM Retirement Modernization: Longstanding Information Technology Management Weaknesses Need to Be Addressed
Given by the director, Information Management and Technology Resources Issues, before the House Committee on Oversight and Government Reform: Subcommittee on Federal Workforce, U.S. Postal Service and Labor Policy, November 15, 2011. 'In a series of reviews, GAO found that OPM's efforts to modernize its retirement system have been hindered by weaknesses in several important management disciplines that are essential to successful IT modernization efforts." (U.S. Government Accountability Office)
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