11/10/2014 - Washington Update Conference Call


Monday, November 10, 2014 (11am - 12pm US/Eastern)


Call Time: 11:00 AM - 12:00 PM (EST)

This is a member-only call.

Will the Senate change hands following tomorrow’s mid-terms elections? While it’s looking very possible, we may not know the answer to that question until January, as a few of the tight races could face run-offs over the next couple of months.

The outcome of tomorrow’s elections also very likely will have an impact on the agenda for the upcoming lame-duck session set to begin November 12. To that end, ERIC is advocating for the passage of legislation that would amend the nondiscrimination provisions of the Internal Revenue Code applicable to frozen defined benefit plans, as well as legislation that would rationalize how an employer’s ERISA section 4062(e) liability works.

On the health front, ERIC scored a victory this past week as the Department of Health and Human Services (HHS) announced that the Health Plan Identifiers (HPIDs) enumeration process has been delayed until further notice. In addition, HHS also indicates that they will be reviewing the use of the HPID in HIPAA transactions.

The Equal Employment Opportunity Commission (EEOC), meanwhile, is going after another employer wellness programs – the third time in the past three months! While the last two suits were against companies that appeared to take fairly extreme measures against employees that did not complete a Health Risk Assessment (HRA) (or perform the other steps that were required to receive the incentives associated with the wellness programs), the EEOC in this instance is alleging violations by a company that has an apparently mainstream wellness program. Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a Temporary Restraining Order (TRO) and an Expedited Preliminary Injunction (PI), finding that the company’s wellness program inflicted no “irreparable harm.” It is not clear what EEOC’s next steps will be.

Join us on Monday, November 10 to hear from ERIC’s Health and Retirement policy experts for an update on these and other legislative, regulatory, and legal developments.

To register for the call, click on the "Register Now" link at the top of this page (you will need your username and password to register).

If you are a prospective member and would like to participate in the call, please contact ERIC at 202-789-1400 or e-mail: memberservices@eric.org.

The slides for this call will be posted to this site on the morning of the call.

Related Files:

Washington Update Slides - November 2014