Health and Welfare Plans
The laws regulating employer health plans have been changing in recent years and are likely to change even more in the future. We help clients comply with laws such as COBRA, HIPAA and the new health care legislation, and keep clients apprised of developments important to them. We assist with health plan design issues, including consumer-driven plans. Services include preparation of plan documents, review and negotiation of administrative services agreements, and assistance with compliance issues.
The Patient Protection and Affordable Care Act enacted in 2010 imposes substantial new rules and regulations on employers relating to the provision of health care benefits to their employees. Some rules, such as new rules requiring coverage of the children of employees, are effective within the next several months. Other rules, including financial penalties imposed on employers that do not provide health care coverage, are effective over a period of years. We have dedicated members of the employee benefits practice group to concentrate almost exclusively on these new rules, so that we can deliver advice and assistance to our clients in an efficient manner.
The Health Insurance Portability and Accountability Act ("HIPAA") significantly increases the legal requirements for group health plans in the areas of health care portability, non-discrimination based on health factors, and privacy and security of health care records. We assist clients in a variety of ways, including the review of plans for compliance with the HIPAA portability and non-discrimination rules and the establishment of appropriate documents and procedures for compliance with the privacy and security rules.
In addition, we assist clients in complying with COBRA. We prepare and review initial COBRA notices, notices following a qualifying event, and COBRA descriptions contained in plans and summary plan descriptions. We also advise clients on COBRA compliance issues.