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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Health and Welfare Plans

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Related Services 

Employee Benefits & Executive Compensation
  
Related Industries 

Health Care 
 
 

Upcoming Lunch Meetings

TBD 


 

Overview

Congress, U.S. federal agencies and states have promulgated an ever-increasing flood of new rules and regulations governing employer-sponsored health & welfare (H&W) plans. Employers and plan administrators struggle to “know the law” and properly apply it as it develops. Our H&W practice provides the advice and practical know-how necessary to ensure ongoing compliance and avoid potential liability.

Alston & Bird was one of the first firms to recognize and act upon the need for focused H&W benefits expertise. Members of the H&W practice have attained national recognition through publishing, lecturing, prior government service, and day-to-day client representation. John Hickman is author to four major treatises on Cafeteria Plans, Health Care Reform, HIPAA and Consumer-Driven Health Care. Ashley Gillihan is the author of the Flexible Benefits Answer Book. Former Congressman and long-time Ways and Means Committee member Earl Pomeroy spent his career on Capitol Hill immersed in the issues faced by the employer community and is known for his appreciation of the challenges faced by employers with respect to employee benefits. Carolyn Smith worked more than 20 years on the Congressional Joint Committee on Taxation, advising Congress on health, pension, and tax matters from both a technical and policy perspective. Dan Taylor was in-house counsel for a Fortune 50 company for eight years prior to joining Alston & Bird, and he is the author of the COBRA chapter of the Flexible Benefits Answer Book.

 



Health & Welfare Benefits

Health and Welfare Benefits Lunch Group

For almost 20 years we have been providing monthly Health and Welfare Benefits briefings for our clients. Over 150 companies join us in our office and by telephone each month. We are pleased to make copies of our materials available below.

Click this link to be added to our lunch group invitation list.

Linked below are downloadable versions of our presentation materials from the last 10 years.

The linked documents were current as of the listed publication date. Subsequent legal developments may have occurred that could impact the content included therein. The documents have not been updated for subsequent developments.

Downloads 

 

  Date

  Description

  Type

View All>

(All materials since December 2006) 

PDF

May 2017 

  • Whack-a-Mole – IRS Takes Ain at Latest Wellness Program Scheme, But Overly Broad Language Can Be Taken Too Far As Applied to Traditional Coverage
  • Part I – Section 123(f) – Qualified Transportation Fringe
  • Office of Chief Counsel Internal Revenue Service – Memorandum re: Correction Procedures for Improper Health Flexible Spending Agreement
  • The American Health Care Act of 2017 (H.R. 1628); Amendment to H.R. 1628 Offered by Mr. MacArthur; Updates to Strengthen the American Health Care Act; and American Health Care Act – Summary 
     

PDF
 

April 2017 

  • A&B Advisory (March 20,2017): The American Health Care Act: What’s in Store for Employer Plan Sponsors

PDF

March 2017 

  •  Healthcare Reform: Déjà vu all over again

PDF
 

February 2017 

  • Healthcare Reform: Déjà vu all over again

PDF

December 2016 

  • Top 10 Benefit Developments
  • 2016 Health & Welfare Compliance Calendar and Highlights 

PDF
 

November 2016 

  • A&B Advisory (October 8, 2016): Employer Obligations Under New Nondiscrimination Rules: ACA Section 1557 and Requirements for Federal Contractors 
 

PDF

October 2016  

  •  Top 10 Benefit Developments
  • A&B Advisory (September 27, 2016): The Next Big Thing: Audits Regarding the Mental Health Parity and Addiction Act

PDF
 

June 2016 

  • EEOC’s Final ADA Regulations Regarding Wellness Programs

PDF
 

May 2016 

  • FAQs About Affordable Care Act Implementation Part 31, Mental Health Parity Implementation, and Women’s Health and Cancer Rights Act Implementation 

PDF
 

April 2016 

  •  A&B Advisory (April 8, 2016): So You Heart About HIPAA Phase 2 Audits. What Should You Do Now?

PDF
 

March 2016 

  • A&B Advisory (March 9, 2015): The Impact of Staffing Employees and Contingent Workers on the Employer Shared Responsibility Requirement Under IRC 4980H
  • A&B Advisory (February 13, 2015): Notices of Employee Eligibility for Exchange Subsidies – What They Are and What You Should Do About Them

PDF
 

February 2016 

  • A&B Advisory (December 22, 2015): Year-End Tax and Spending Legislation Includes Employee Benefits Provisions
  • A&B Advisory (February 4, 2016): IRS Notice 2015-87 Provides Much Needed Guidance for Account Based Plans and ACA Employer Shared Responsibility Requirement (IRC 4980H)
  • IRS Notice 2015-87 and its Impact on Account Based Plans  

PDF

September 2015 

  • H&W Plan Update
    Top 10 H&W Benefit Developments for Summer 2015
    Deep Dive on Cadillac Tax  

PDF
 

May 2015 

  •  A&B Advisory: New EEOC Proposed Rules Require a Gut Check for Wellness Programs

PDF 

April 2015 

  • 6055/6056 Reporting & Disclosure Rules – Practical Applications (update)
  • Draft Forms

PDF
 

March 2015 

  • A&B Advisory: IRS Notice 2015-17: Pardon for Employer Payment Plans? Or Just a Stay of Execution?  
  • A&B Advisory: The Impact of Staffing Firm Employees and Contingent Workers on the Employer Shared Responsibility Requirement under IRC 4980H

PDF
 

February 2015

  • A&B Advisory: Notices of Employee Eligibility for Exchange Subsidies – What They Are and What You Should Do About Them (January 30, 2015)
  • A&B Advisory: M&G Polymers v. Tackett: New Standards for Vesting of Retiree Medical Benefits in Collective Bargaining Agreements (February 3, 2015) 
  • A&B Advisory: Agencies Issue New Proposed Rules for the Summary of Benefits and Coverage (February 4, 2015)

PDF
 

December 2014 

PDF
 

November 2014 

  • Alston & Bird Advisory – November 15th Deadline Quickly Approaching on ACA Transitional Reinsurance Fee
  • www.CMS.gov – Statement of Enforcement Discretion regarding 45 CFR 162 Subpart E – Standard Unique Health Identifier for Health Plans
  • Notice 2014-69 - Group Health Plans that Fail to Cover In-Patient Hospitalization Services  

PDF
 

October 2014 

PDF 

September 2014 

PDF 

June 2014 

PDF 

May 2014 

  • IRS Issues Long Awaited Regulations on New ACA Related Reporting Requirements

 PDF

April 2014 

 

March 2014 

PDF 

February 2014 

PDF

November 2013 

  • A&B Advisory: ACA Update: Final Regulations Create New Requirements for Employer Wellness Programs
  • IRS Notice 2013-71
  • IRS Notice 2013-71: At Last – Carryover Guidance
PDF

October 2013 

  • A&B Advisory: October 1 is Almost Here: Are You Ready to Send Out Your Marketplace Notice? 
PDF 

September 2013 

  • Marketplace Notice Requirements
  • Affordable Care Act Implementation FAQs – Set 12 (Feb. 20, 2013)
  • Rev. Rul. 2013-17
  • FAQs – Individuals of the Same Sex Who Are Married Under State Law
  • FAQs – Registered Domestic Partners and Individuals in Civil Unions
PDF

May 2013 

  • A&B Advisory: High Court Issues Half-Victory for ERISA Plan Administrators – Reinforcing the Importance of Clear, Unambiguous Plan Terms 
  • FAQs About Affordable Care Act Implementation (Part XIV) 
  • FAQs About Affordable Care Act Implementation (Part XV) 
  • Family Exchange Application 
  • A&B Advisory: New HIPAA Omnibus Rule: Issues for Employer Plan Sponsors and Group Health Plans
  • Litigation Risks of Health Care Reform 

PDF

April 2013 

  • Keeping Up with the ACA – No Small Feat!!!!
  • Draft Exchange Application for Health Insurance
PDF 

March 2013

  • A&B Advisory: CER Fees – Funding the Patient-Centered Outcomes Research Trust 
  • A&B Advisory: New HIPAA Omnibus Rule: Issues for Employer Plan Sponsors and Group Health Plans  
 PDF

February 2013

 PDF

December 2012 

  • 2012 Year End Review
 PDF

November 2012

  • The ACA Atlas for 2013, 2014 and Beyond
  • HRAs, Defined Contribution Plans, and Exchanges
  • Pay or Play? How Health Care Reform Changes the Game for Employers
  • IRS Expands Favorable Tax Treatment for Leave-Sharing Plans
  • IRS Form W-2 Reporting of Employer-Sponsored Health Coverage
 PDF

 October 2012

  • IRS Issues Additional Guidance on Form W-2 Reporting for Health Coverage Costs
  • Health Care Reform Update: What’s Essential About “Essential Health Benefits” – HHS
  • Bulletin Crates Issues for All Group Health Plans
  • Exploring Health Care Reform’s $2500 Cap for Health FSA Salary Reductions
 PDF

 June 2012

  •  Notice 2012-40
 PDF

 May 2012

  • A&B Advisory: When is a Summary More than a Summary, Part Two: Agencies Issue Final Guidance on the ACA’s Uniform Summary of Benefits and Coverage Requirement
  • A&B Advisory: New Agency Guidance on Required Contraceptive Coverage under Group Health Plans
  • Summary of Benefits and Coverage (SBC) FAQs
  • Medical Loss Ratio (MLR) FAQs
 PDF

 April 2012

  •  A&B Advisory: Health Care Reform Update: Final Regulations Impose Reinsurance “Contribution” on Fully Insured and Self-Insured Plans Starting in 2014
  • A&B Advisory: When Is a Summary More than a Summary, Part Two: Agencies Issue Final Guidance on the ACA’s Uniform Summary of Benefits and Coverage Requirement
 PDF

 February 2012

  • IRS Issues Additional Guidance on Form W-2 Reporting for Health Coverage Costs
  • Health Care Reform Update: What’s Essential About “Essential Health Benefits” – HHS
  • Bulletin Crates Issues for All Group Health Plans
    Exploring Health Care Reform’s $2500 Cap for Health FSA Salary Reductions
 PDF

 December 2011

  •  2011: The Year In Review
 PDF

 November 2011

  • Pay or Play? How Health Care Reform Changes the Game for Employers
  • So What Are My Internal and External Claim Review Requirements? A Question Every Group Health Plan is Asking
  • Summary of Benefits Coverage: A Case Study
 PDF

 October 2011

  • When is a Summary More than a Summary: Agencies Issue Long-Awaited Guidance on the ACA’s Uniform Summary of Benefits and Coverage Requirement
  • HHS Issues New Women’s Preventive Services Required Health Plan Coverage Guidelines
  • So What Are My Internal and External Claim Review Requirements? A Question Every Group Health Plan is Asking
  • HEALTH CARE REFORM UPDATE:
    • HHA Annual Limit Waiver Program Will Close on September 22, 2011
    • No Waiver Application Required for Certain HRAs
  • Court Decision Clear the Air (Somewhat) for Wellness Programs
 PDF

 June 2011

  • Family and Retirement Health Investment Act
  • Section-by-Section (LONG) Family and Retirement Health Investment Act
  • Section-by-Section (SHORT) Family and Retirement Health Investment Act
 PDF

 May 2011

  • Wellness Promotion/Prevention: Overcoming Legal And Compliance Hurdles
 PDF

 April 2011

  • Department of Labor Extends Enforcement Grace Period for Certain Internal Claims and Appeals Requirements
  • Notice 2011-28
  • FAQs About Affordable Care Act Implementation (Part IV)
  • Technical Release 2011-01
 PDF

 February 2011

  •  State of Florida v. HHS et al – Let the Games Begin!!!!
 PDF

 View All>

(All materials since December 2006) 

 PDF
 

View our complete list of Employee Benefits advisories.

 



Alston & Bird Lunch Group Presenters: 
John Hickman
John Hickman is head of the firm’s Health Benefits Practice, where he leads several attorneys devoted exclusively to health care reform issues under the Affordable Care Act, HIPAA privacy, health savings accounts (HSAs) and consumer-directed health care, flexible benefit plans and related health benefit issues. Mr. Hickman has worked closely with health plans, financial institutions and employers, as well as the IRS, Treasury and DOL, in addressing health benefit issues.
Pat Dicarlo
Mr. DiCarlo has over 18 years of experience litigating employee benefit disputes. He represents both retirement and welfare plans, as well as their sponsors and insurers, in claims for benefits and/or fiduciary breach. Mr. DiCarlo has represented some of America's largest employers in disputes stemming from service provider fees, investments in employer securities, the prudence of particular investments, executive compensation disputes, disclosure and securities issues and challenges to benefit claim review procedures and decisions.
Ashley Gillihan
Ashley Gillihan is counsel in the Atlanta office and a member of the firm's Employee Benefits & Executive Compensation and ERISA Litigation Groups. Mr. Gillihan focuses his practice exclusively on health and welfare employee benefit compliance and litigation issues for employers, health plan administrators and other health and welfare benefit plan service providers. He also has extensive experience assisting financial institutions and insurance companies who serve as Health Savings Account trustees or custodians.
David Godofsky
David Godofsky is the leader of the firm's Employee Benefits & Executive Compensation Group. He has a multidisciplinary practice that is unique in the United States. His ability to integrate legal analysis with cost, funding, administration and benefit design considerations is informed by his education and years of experience as an actuary and consultant. Mr. Godofsky is also a member of a team of litigators who have represented several major employers in cutting-edge class action litigation and other “bet the company” litigation matters. 
Doug Hinson
Doug Hinson is the leader of the firm's ERISA Litigation Group. He has led the defense of numerous Fortune 500, government, private and non-profit clients in all types of ERISA class actions, including 401(k) fee and employer stock matters, welfare benefit terminations, defined benefit calculation and anti-cutback actions, and severance matters. In addition, Mr. Hinson has substantial experience and expertise in securities, complex commercial and insurance class action litigation. Mr. Hinson's practice is national in scope.
Earl Pomeroy
Former Congressman Earl Pomeroy brings 26 years of regulatory and legislative experience to his present position as senior counsel at Alston & Bird LLP. Mr. Pomeroy’s practice focuses on matters before the legislative and executive branches of government at the federal level as well as work before financial regulators at the state government level.
Carolyn Smith
Carolyn’s practice encompasses a full range of executive compensation and employee benefits issues as well as a variety of federal tax regulatory and legislative matters. Carolyn brings to her practice a unique blend of technical and policy experience. Prior to joining Alston & Bird, Carolyn was Associate Deputy Chief of staff of the Joint Committee on Taxation, U.S. Congress. During her 20+ years on the Joint Committee staff, she was responsible for major pension, health, and tax legislation from the Tax Reform Act of 1986 through the Pension Protection Act of 2006.
Dan Taylor
Dan Taylor is counsel in the Atlanta office and a member of the firm’s Employee Benefits & Executive Compensation Group. Mr. Taylor focuses his practice exclusively on health and welfare employee benefit plan compliance, including compliance with health care reform issues under PPACA and HIPAA privacy, for employers, health plan administrators and other health and welfare benefit plan service providers. 
Steven Mindy
Steven C. Mindy is a senior associate in the Washington, D.C. office, focusing his practice on employee benefits and ERISA litigation matters. Steven advises employers, third-party administrators, insurers, brokers, consultants and multiemployer plan trustees on the operation of health and welfare plans, including advice regarding ERISA, COBRA, PPACA, GINA and cafeteria plan compliance. In addition, he also assists clients with the administration and establishment of multiple employer welfare arrangements (MEWAs) and filing of Form M-1.
Meredith Gage Meredith Gage
Meredith Gage is an associate in the Employee Benefits & Executive Compensation Group. Her practice focuses on regulatory compliance for a variety of employee benefits matters, including health and welfare, qualified plans and executive compensation.