The 'Compliance Survival' seminar reviews the liabilities and responsibilities of COBRA, USERRA and HIPAA and Privacy Laws. COBRA Compliance will provide a refresher course on COBRA basics plus focus on changes made to the COBRA regulations over the past few years. A portion of the presentation will focus on the new COBRA notice regulations issued last year that went into effect on January 1, 2005. In addition, you will learn some practical tips for dealing with particular COBRA issues and will have an opportunity to share your experiences and concerns with COBRA compliance with other HR professionals.
We will discuss USERRA compliance from an employer's perspective, highlighting current requirements, new requirements under the Veteran Benefits Improvement Act and proposed changes and clarifications under new proposed regulations issued by the Department of Labor. This session will cover reemployment issues, veteran rights under various types of employee benefit plans, the new USERRA notice requirements, coordination of USERRA and COBRA and state law issues. It concludes with practical advice on developing a USERRA policy.
We will discuss the specific laws and how they have changed over the years. HIPAA privacy involves many areas of health-related insurance, services, and recordkeeping. We will discuss who can have access to medical records under various circumstances, and the standards for confidentiality and security of identifiable health information. This seminar explains why it can be dangerous for the employer to access the protected health information of its employees. We will explore who may know what, and when.
The seminar concludes with a review of the compliance communications under COBRA, HIPAA portability and USERRA-their purpose, when and to whom they may be provided, what they must say and how they should be provided.
- Refresh and update your knowledge of COBRA, USERRA and HIPAA Privacy
- Learn practical tips for administering these laws
- Learn about new employer responsibilities under USERRA for employees on military leave
- Find out if your health plan is complying with new COBRA notice requirements
- Revisit the purpose and ongoing compliance requirements of HIPAA Privacy Law
- Assess and improve your organization's compliance with three essential areas of employee benefit regulations
- Learn about the most recent HIPAA regulatory developments
- Prepare for upcoming changes to HIPAA portability notices
8:30 a.m. - 10:15 a.m.
I. COBRA Compliance
A. Basics Of COBRA
1. Who Must Comply
2. Who Can Continue Coverage
3. What Is A Qualifying Event?
4. What Coverage Must Be Provided
5. When Coverage Can Be Changed
6. How Long Coverage Must Be Provided
7. What Can You Charge?
B. Problem Areas
1. FSAs, HRAS, And EAPs
2. Union Plans And Insured Plans
3. Corporate Transactions
C. New Notice Regulations -Overview
1. Initial Notice
2. Qualifying Event Notice
3. COBRA Election Notice
4. Two New Notices
5. Procedures In SPD
D. Failure To Comply
2. Statute Of Limitations
3. Correcting Mistakes
10:15 a.m. - 10:25 a.m.
10:25 a.m. - 12:10 p.m.
II. USERRA Compliance
A. What's New For Military Leaves?
1. Brief Overview Of Department Of Labor Proposed USERRA Regulations
2. New Requirements Under The Veteran Benefits Improvement Act Of 2004
B. A Refresher Course For Employers
2. Employment And Reemployment Rights
3. Health Plan Protections
4. Coordination Of USERRA
5. Retirement Plan Protections
6. Cafeteria Plans
7. Other Employee Benefits
8. State Law Issues
C. Employer USERRA Policy
12:10 p.m. - 1:10 p.m.
Lunch (On Your Own)
1:10 p.m. - 2:50 p.m.
III. HIPAA Privacy
A. HIPAA Privacy History
B. Confidentiality And Security Of Identifiable Information
C. Protected Health Information (PHI And EPHI)
D. Who Must Comply?
E. Limits And Exceptions On Use And Disclosure
F. Interaction With Other Laws
G. Accountability And Penalties
H. What It Means To YOU
I. What Should You Be Doing Right Now?
2:50 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
IV. Compliance Communications
A. COBRA Notice Requirements Under The New Final Regulations
1. Initial General Notice
2. Qualifying Event Notice
3. Notice Of Unavailability Of COBRA
4. Notice Of (Early) Termination Of COBRA
5. Premium Shortfall Notice –
6. Qualified Beneficiary Notices
7. What If Notices Are Returned Undeliverable?
8. Review Of Summary Plan Description Requirements
B. HIPAA's Portability Notices Under The New Final And Proposed Regulations
1. When Do The Final
Regulations Take Effect?
2. What Changes Are Required For Existing Notices?
a. General Preexisting Condition Exclusion Notice
b. Individual Preexisting Condition Exclusion Notice
c. Notice Of Special Enrollment Rights
d. Certificate Of Creditable Coverage
C. New Employer Notice Requirements For Military Leaves