Health and Welfare Plans
We regularly consult with clients on an array of health and welfare benefit plan design, compliance, and administration issues relating to:
- Group health plans
- Prescription drug plans
- Wellness programs
- Wrap plans
- Cafeteria plans
- Health flexible spending arrangements (FSAs)
- Dependent care assistance programs (DCAPs)
- Health reimbursement arrangements (HRAs)
- Health savings accounts (HSAs)
- Severance plans
- Tuition reimbursement plans
- Life, disability, and accident insurance
- Transportation fringe benefit plans
- Employee assistance programs (EAPs)
- Paid leave programs
We closely monitor legal developments and distribute alerts regarding significant developments. In addition, we consult with and advise clients on matters involving:
- The Patient Protection and Affordable Care Act (ACA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Mental Health Parity and Addiction Equity Act (MHPAEA)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Family and Medical Leave Act (FMLA)
- Americans with Disability Act (ADA)
- Genetic Information Nondiscrimination Act (GINA)
- Age Discrimination in Employment Act (ADEA)
- Uniformed Services Employment and Reemployments Right Act (USERRA)
- Employee Retirement Income Security Act (ERISA)
- Internal Revenue Code of 1986 (CODE)
- Worker Adjustment and Retraining Notification Act (WARN)
- State mandates (e.g., “Pay or Play” laws)
- State and local paid leave laws
- San Francisco Health Care Security Ordinance
- Numerous other federal and state laws affecting employee benefit plans
We provide advice on health and welfare benefit plan matters and assist in developing health and welfare benefit plans that meet our clients’ goals and unique business needs.
We regularly prepare plan documents, amendments, summary plan descriptions, and other employee communications for health and welfare plans. Additionally, we routinely review and negotiate administrative service agreements, business associate agreements, amendments, and other contracts with vendors, service providers, third-party administrators, and business associates.
We offer a number of services to help ensure health and welfare plans are up-to-date and reflect current legal requirements. These services include:
- Conducting plan document compliance reviews and performing mock audits so clients are prepared in the event of a Department of Labor, Internal Revenue Service, or Health and Human
- Services inquiry or investigation.
- Reviewing and preparing HIPAA policies and procedures for health plans.
- Conducting HIPAA training.
- Assisting clients with nondiscrimination testing for cafeteria plans, DCAPs, health FSAs, and self-insured group health plans, and HSAs and advising on correction methods.
We also help clients respond to governmental inquiries, such as Internal Revenue Service proposed assessments of employer shared responsibility payments, San Francisco Health Care Security Ordinance audits, and Department of Labor audits.