Final versions of benefits-related rules have been flying out of federal agencies in the early weeks of 2012, with more expected to come over the next few months.

One of the hottest compliance topics to emerge from health care reform -- the new summary of benefits and coverage (SBC) requirements -- received some much-desired guidance and a new deadline, according to a report by SmartHR Manager.

The Department of Health and Human Services (HHS), the Department of Labor (DOL),  the Treasury Department and the IRS posted a final rule that clarifies that the SBC information can be incorporated into the summary plan description (SPD) as long as that information is correct and prominently displayed at the beginning of the SPD.

The final rule also pushed back the effective date. Originally, plans that started on or after March 23, 2012, were to be subject to these rules. That date has been moved to Sept. 23 of this year.

The Patient Protection and Affordable Care Act (PPACA) requires employers to provide workers with an easy-to-understand summary of benefits and coverage, a glossary of commonly used health care terms and general explanations of how the plan would handle certain medical conditions.

Other recent benefits-related decisions include:

Final GINA Rules
The Equal Employment Opportunity Commission (EEOC) has issued a final rule that defines record-retention requirements under the Genetic Information Nondiscrimination Act (GINA).  This rule establishes the same requirements that apply under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, according to a report by Workforce magazine.

The EEOC noted that the rule does not call for the creation of new documents or demand any additional reporting requirements. Employers must maintain all relevant records until any GINA charge is resolved, the EEOC added.

Final 401(k) Fee Disclosure Rules
The DOL finalized rules regarding fee disclosures for 401(k) plans, according to a PLANSPONSOR report. The final rules call for service providers to give plan fiduciaries information about any direct or indirect compensation or fees received by the service provider to maintain and manage the plans.

The rules also require providers to communicate any possible conflicts of interest. The DOL announced that any entities not in compliance by July 1 would be subject to penalties under the Internal Revenue Code.

Like a groundhog in February, employers and HR managers can't poke their heads over a cubicle wall without seeing the long shadow of growing health care costs stretching from their workforce.

But unlike the famous, fair-weather rodent, employers can't hide in their offices for six weeks until spring (or a healthier workforce) rolls in. Employers must implement solid cost-control strategies if they want to keep their health care plans viable and valuable, experts say.

The challenges for employers are evident. Total premiums for family health coverage jumped 50 percent from 2003 to 2010, according to Commonwealth Fund research reported by The New York Times. While health care headlines often expose the big offenders such as obesity, chronic conditions and smoking, other lesser-known trends are having a hidden but significant impact on health care costs.

Health Screenings
Prevention and early detection of medical problems can stave off high costs in the long run, but many Americans aren't doing enough, according to a new Centers for Disease Control and Prevention (CDC) report. Screening rates for a number of cancers remain below the government's target levels, especially among some minority groups, according to the CDC analysis reported by WebMD. About 59 percent of men and women had colonoscopies or other colorectal cancer screens in 2010 -- well below the CDC's target of 70 percent. About 75 percent of women received mammograms, while about 80 percent had Pap tests to screen for cervical cancer. Targets for those screenings were 81 percent and 93 percent, respectively.

Induced Births
The practice of induced births to fit around a patient's (or doctor's) schedule has become a moneymaker for hospitals but a drain for insurers and employers, according to an Employee Benefit News report. Recent studies suggest that these early, scheduled births can lead to avoidable complications for both mother and baby, which can drive up costs.

Leah Binder, CEO of The Leapfrog Group, told EBN that plan design can go a long way in discouraging would-be mothers from moving up their delivery date for the sake of convenience. If the plan participant has to put up a larger out-of-pocket contribution for such births, she might be less likely to elect that procedure, Binder said.

Wellness Solutions
In addition to plan design and a push for preventive medical services, employers can control costs by supporting a robust wellness program that gets to the root of many health care problems, a new report by the Principal Financial Group suggests. The study found that 41 percent of employees enrolled in employer-sponsored wellness initiatives said the programs made them happier and more productive, according to a report on the research by Business Insider. About 35 percent of respondents said they took fewer sick days, and 52 percent reported increased energy.

The federal government continues to tweak the rules regarding the Family and Medical Leave Act (FMLA), giving employers another reason to carefully review their leave policies.

Most recently, the Department of Labor (DOL) issued a new proposed rule that would extend leave for family caregivers of U.S. veterans up to five years after the veterans leave the military, according to a DOL press release. Presently, the law only covers family members of service personnel who are currently serving.

The proposed rule also would make FMLA more accessible to airline flight crews by altering the eligibility requirements and changing how flight crews' hours are calculated when determining FMLA leave.

This proposal adds yet another wrinkle to FMLA compliance. According to Steve Peltin of Foster Pepper PLLC, leaves of absence often are the most complicated -- and frustrating -- aspects of HR administration.

FMLA provides workers with up to 12 workweeks of unpaid leave within a 12-month period. However, who is eligible -- and when -- depends on a myriad of factors, including employer size, how long the employee has worked for the company and where employees put in their time, Peltin noted in a recent online posting.

Military service can make compliance even more tricky. The law contains seven "qualifying military exigencies" that affect the FMLA calculation for military personnel, all of which depend on a variety of situations and military obligations, according to Peltin. Then, of course, there is leave for caregivers of servicemembers, which the proposed rule would expand.

On top of all that, other laws -- specifically the Americans with Disabilities Act (ADA) -- often overlap and affect leave policies. Peter Susser, writing for SmartHR Manager, notes that terminations that follow FMLA leave can run against ADA.

Susser provides this scenario: "An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a 'no-fault' absence policy." Because the employer provided 12 weeks, there's no problem, right?

Don't count on it, Susser writes. The employer could be violating ADA if the worker's "serious health condition" is considered a disability. If both laws apply, the company might have to grant more leave as a reasonable accommodation or face serious consequences if it terminates the employee.

When grappling with FLMA and ADA questions, documentation is the best policy, according to Susser. "HR managers should document every telephone conversation, email exchange or letter sent to employees while they are on leave," he writes, adding that any terminations should be executed carefully, keeping in mind the intertwined nature of FMLA and ADA.