Health & Welfare Benefits

The group works with clients to develop programs and related administrative procedures that satisfy the statutory and regulatory requirements governing this complex area under ERISA, the Internal Revenue Code and other related laws. For example, we assist clients with navigating the employer shared responsibility rules and other mandates under the Patient Protection and Affordable Care Act (the ACA), continuation coverage requirements under COBRA, privacy and other considerations under HIPAA, HITECH and GINA and design and compliance challenges because of MHPAEA, the No Surprises Act, price transparency and other legislation. We also advise on account-based welfare plans such as Flexible Spending Accounts, Health Reimbursement Arrangements and Health Savings Accounts.

We create practical solutions for clients 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 or fiduciary training. In addition, clients often ask us to negotiate with service providers regarding contracts for administrative services.

Our lawyers monitor 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 clients’ interests in federal and state courts across the country and before numerous regulatory agencies.