Our attorneys appreciate that the myriad offering of health plan alternatives (e.g., FSAs, HRAs, HSAs) is confusing to employers, so we help our clients understand the alternatives and choose the structures that work best for them.
As with retirement plans, our practice group members assist our clients at every step during the lifetime of their plans. We guide our clients through the plan design process, draft plan documents and employee disclosure documents, and assist with administrative issues, such as eligibility and enrollment questions, claims disputes, and governmental reporting obligations. We work with our clients sponsoring self-funded health plans to ensure they are aware of and comply with the applicable Internal Revenue Code nondiscrimination tests. We also provide advice on special cafeteria plan (or "Section 125" plan) issues, such as permitted election changes and the "use it or lose it" rule.
We also help our clients comply with the complex federal and state requirements that apply to their health plans. For example, we provide advice to clients related to COBRA compliance and state insurance continuation requirements, including preparation of notices and resolution of disputes. Further, we advise clients on HIPAA issues, including permissible wellness plan designs, discrimination issues, and privacy and security rules. We instruct clients on reporting, disclosure and fiduciary issues under ERISA. We counsel clients about the risks associated with multiple employer welfare arrangements (MEWAs) and violation of the Medicare secondary payer rules.
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