Welfare Benefit Plans
Most employers offer welfare and fringe benefit plans of various types including medical plans, disability plans, cafeteria plans, or other similar programs for the benefit of their employees. Our employee benefit (EB) attorneys provide assistance on all facets of those programs. Welfare plans are subject to ERISA and various governmental regulations, and we work with our clients to assure their compliance.
Examples of our services include:
- Counseling clients on welfare benefit and health plan design and strategizing with them on minimizing or avoiding penalties under the Affordable Care Act, HIPAA, FMLA, USERRA, and COBRA;
- Assisting employers in assessing and minimizing potential penalties under the ACA’s employer shared responsibility mandate, including application of the lookback measurement methods;
- Designing and drafting Section 125/Cafeteria Plans, ERISA wrap documents, and summary plan descriptions for health and welfare plans;
- Assisting clients in compliance with the privacy and security requirements of HIPAA, including assisting with a plan’s risk assessment, preparation of HIPAA policies and procedures and providing HIPAA training to a plan’s workforce;
- Representing clients in audits and investigations involving the IRS, DOL, and HHS;
- Advising clients regarding providing health plan benefits to expatriates and their family members;
- Helping clients comply with the ACA’s reporting requirements, including Form W-2 reporting, Form 1094 and 1095 reporting, and PCORI fees; and
- Reviewing wellness strategies to ensure compliance with HIPAA, ADA and GINA requirements.
Our EB attorneys have experience in tax law, accounting, and perhaps most importantly - a practical knowledge of human resources legal issues. Our EB lawyers are focused on benefit cost containment for clients, and on the importance of competitively designed welfare programs to enhance employee recruiting and retention.