dcsimg Health and Welfare Benefits

Health and Welfare Benefits

McGuireWoods' health and welfare benefits team handles a broad range of matters, including the design and implementation of group medical, dental, life insurance, disability, dependent care, cafeteria and severance plans. Our focus is to provide affordable benefits solutions for clients of all types and sizes. We work directly with clients to develop programs and related administrative procedures that satisfy the various statutory and regulatory requirements governing this complex area under ERISA and the Internal Revenue Code and other related laws, including specific concentration on problems occurring under COBRA, HIPAA, HITECH and GINA. Most recently, we have addressed the unfolding challenges of the Patient Protection and Affordable Care Act (the ACA, or healthcare reform). We closely monitor developments under the ACA and related areas of healthcare reform and provide advice to clients about how they can navigate these significant changes and still maintain their ongoing programs.

We regularly advise plan sponsors and insurance companies on matters relating to the provision of employee benefits through insured programs, including company-owned life insurance, trust-owned life insurance and medical insurance, demutualization issues, taxation of insured benefits, and analyze the comparative benefits of insured versus self-funded arrangements. Our client base includes companies and organizations ranging in size from small start-up businesses to Fortune 100 companies, non-profit organizations and government entities. We can quickly identify issues that affect all employers and focus in on issues that are particular to the employer’s specific structure or industry.

We create practical solutions for clients when dealing with ongoing administration of their health and welfare plans. This may include reviewing employee communication materials for compliance; drafting updates to plan documents and SPDs; assisting with issues during an open enrollment period; or providing on-site training for HIPAA privacy and security rules. Clients often ask us to negotiate with service providers regarding contracts for administrative services.

Our health and welfare team has handled all aspects of retiree health programs from design, implementation and compliance to redesigning programs to save clients significant ongoing costs, while minimizing the risk of claims or litigation. We advise administrative committees on the proper procedures for dealing with claims for all types of health and welfare programs. When required, our experience in ERISA litigation enables us to identify and address potential issues in plan design and administration before they create problems or liabilities.

In conjunction with McGuireWoods’ labor and employment lawyers, we also handle benefits issues arising under the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and other federal and state employment laws that affect welfare benefit program benefits. These issues are often integral to mergers and acquisitions, downsizings or corporate restructurings, as well as labor disputes and day-to-day operation of leave programs.

Our team monitors legislative, regulatory and judicial developments under the Internal Revenue Code, ERISA and related laws that affect welfare benefit program benefits. By establishing efficient, cost-effective teams with a well-rounded view of each client’s needs, we help design and implement customized solutions that are practical, comprehensive and compliant. When disputes arise, we work with our seasoned litigators to represent our clients’ interests in federal and state courts across the country and before numerous regulatory agencies.

CONTACTS

Sally Doubet King Partner T: +1 312 849 3684
Results 1-7 of 7

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Case Study

SEC no action letter for Emeriti Retirement Health Solutions

McGuireWoods recently obtained a no action letter from the SEC for Emeriti Retirement Health Solutions. The Emeriti program enables colleges and universities to offer employees a way to invest and accumulate assets during working years with a tax advantage, to help pay for medical costs in retirement. The no action letter allows Emeriti to make changes in its (pre-age 65) health insurance program without losing the benefit of a prior no action position from the SEC.

Representative Matter

Client outsourcing the administration of welfare benefit plans

Assisted with outsourcing of the administration of its welfare benefit plans to a third-party administrator. The tasks included developing criteria for evaluating the capabilities and expertise of potential vendors, negotiating a master services agreement and plan-specific schedules and agreements with the vendor that the client selected, and developing performance standards.
Representative Matter

Client redesigning retiree medical program

Advised a client regarding the redesign and implementation of a retiree medical program. The changes included cost-sharing for current retirees and access-only for future retirees. Assessments were provided regarding litigation rules for various groups affected by the changes.
Representative Matter

Educational institution

Designed and implemented a unique defined contribution retiree medical program for faculty and staff of educational institutions.
Representative Matter

Fortune 500 company

Coordinated the health and welfare plan compliance review for a Fortune 500 company. In light of increased audit activity by regulatory agencies, the client decided to obtain a comprehensive internal review of its plans.
Representative Matter

New public company

Representation of new public company created in spinoff in establishing executive compensation program, qualified retirement plan structure , and welfare benefits programs.
Representative Matter

Public company

Representation of a public company in the spin-off of a new public company and assist the companies in the establishment of all employee benefit plans for the new public company, including defined benefit plans, defined contribution plans, executive compensation plans and welfare benefit plans.
Results 1-7 of 7
Jeffrey R Capwell Jeffrey R. Capwell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 353 6256
F: +1 704 373 8823
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Robyn Carlson Robyn S. T. Carlson
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4353
F: +1 804 698 2234
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Robert M Cipolla Robert M. Cipolla
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4713
F: +1 804 698 2109
vCard
Taylor Wedge French Taylor Wedge French
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8037
F: +1 704 373 8838
vCard
Larry R Goldstein Larry R. Goldstein
Senior Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8216
F: +1 312 920 3692
vCard
Sally Doubet King Sally Doubet King
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3684
F: +1 312 849 3050
vCard
Steven D Kittrell Steven D. Kittrell
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1701
F: +1 202 828 2975
vCard
James P McElligott Jr. James P. McElligott Jr.
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4329
F: +1 804 698 2111
vCard
Felicia L Mitchell Felicia L. Mitchell
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8995
F: +1 704 353 6193
vCard
Katie Rak Katie M. Rak
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8291
F: +1 312 920 6196
vCard
Maria Rasmussen Maria P. Rasmussen
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4334
F: +1 804 698 2212
vCard
Jessica S Sackin Jessica S. Sackin
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1712
F: +1 202 828 3334
vCard
Carolyn M Trenda Carolyn M. Trenda
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8130
F: +1 312 849 8131
vCard
G. William Tysse G. William Tysse
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1730
F: +1 202 828 2982
vCard
Robert Wynne Robert B. Wynne
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1868
F: +1 804 225 5343
vCard
Results 1-3 of 3
Event

The Final Regulations Under the ACA Employer Health Coverage Mandate

February 26, 2014
Complimentary Webinar
Event

Deficits, Debt and Deductions

Will You Be at the Table or on the Menu for the Tax Reform Debate?

September - December 2013
McGuireWoods Offices
Speaking Engagement

Impact of the 2012 Elections on Employee Benefits and Executive Compensation

November 13, 2012
Bloomberg BNA Webinar
Results 1-3 of 3
Results 1-20 of 21
Show All
Legal Alert

Healthcare Reform Transparency Requirements Again Delayed

McGuireWoods Healthcare Reform Guide: Installment No. 46

December 10, 2014
Legal Alert

New Regulations Issued for Dental, Vision, Long-Term Care and EAPs as Excepted Benefits under Healthcare Reform

McGuireWoods Healthcare Reform Guide: Installment No. 45

October 14, 2014
Legal Alert

Circuit Courts Clash over Tax Subsidies for Health Insurance Purchased on Federally-Run Exchanges

McGuireWoods Healthcare Reform Guide: Installment No. 44

July 30, 2014
Legal Alert

Final Rules Issued on 90-Day Waiting Period Limitation for Health Benefits

McGuireWoods Healthcare Reform Guide: Installment No. 43

March 18, 2014
Legal Alert

Final “Play-or-Pay” Rules Under Healthcare Reform Announced

McGuireWoods Healthcare Reform Guide: Installment No. 42

February 20, 2014
Legal Alert

New Requirements Affect HRAs, FSAs and Employer Payment Plans Beginning in 2014

McGuireWoods Healthcare Reform Guide: Installment No. 40

October 16, 2013
Legal Alert

Final Regulations Issued on Contraception Coverage in Group Health Plans

McGuireWoods Healthcare Reform Guide: Installment No. 37

July 24, 2013
Legal Alert

FAQs on “Play-or-Pay” under Healthcare Reform

McGuireWoods Healthcare Reform Guide: Installment No. 34

June 26, 2013
Legal Alert

Navigating the HITECH “Omnibus Final Rule”

A Guide for Employers

March 1, 2013
Legal Alert

Wellness Program Rewards Expanded Under Affordable Care Act

McGuireWoods Healthcare Reform Guide: Installment No. 26

December 6, 2012
Results 1-20 of 21