ERISA Covered Health and Welfare Plan Administration: Compliance, Fiduciary Liability, DOL Enforcement Actions
Consolidated Appropriations Act, Mental Health Parity Rules, Prohibited Transactions, Form 5500

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
ERISA
- event Date
Tuesday, May 14, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide ERISA counsel, fiduciaries, and administrators on key health and welfare plan design and compliance challenges. The panel will discuss key issues faced by plan sponsors and administrators, the impact of the Consolidated Appropriations Act (CAA), mental health parity rules, fiduciary liability, plan document requirements, Form 5500, recent DOL enforcement actions, and other key issues.
Faculty

Ms. Watson focuses on ERISA and employee benefits. She concentrates on a wide array of areas including, pension and profit sharing plans, health and welfare benefit plans, including COBRA, HIPAA and the Affordable Care Act, ERISA fiduciary decision-making, Employee Stock Ownership Plans, benefits litigation backup, benefits aspects of mergers and acquisitions, employee benefits aspects of family law, labor laws affecting employee benefits, other employee benefits and deferred Compensation, and employee benefit disputes and employee benefits claims.

Ms. Roskey has over 25 years of experience representing private clients and federal agencies in a broad spectrum of litigation, advice, and administrative law matters. As part of Miller & Chevalier's ERISA & Employee Benefits Litigation team, Ms. Roskey focuses her practice on the fiduciary, prohibited transaction, and health plan provisions of ERISA. She advises clients on compliance issues and in government investigations and litigation across a wide range of employee benefits matters. Prior to joining Miller & Chevalier, Ms. Roskey served as Chief of the Division of Health Investigations for the Department of Labor's (DOL) Employee Benefits Security Administration (EBSA), where she led the strategic planning and oversight of EBSA's health plan enforcement program and implemented, monitored, and assessed compliance with national enforcement priorities carried out by 10 regional offices across the country. Previously, she served in the DOL Office of the Solicitor for 14 years as Deputy Associate Solicitor in the ERISA Litigation, Advice, and Regulations Division, Regional ERISA Counsel, and an employee benefits trial attorney. Ms. Roskey also was Associate General Counsel to the Federal Bureau of Investigation (FBI), where she defended the agency and its officials in civil litigation.
Description
The DOL continues to be active with their enforcement program focused on health plans in response to rules provided under the CARES Act and the 2021 CAA. ERISA counsel, fiduciaries, and administrators must ensure strict compliance with current regulations and implement procedures to overcome administrative challenges.
The administrative challenges and compliance failures for health and welfare plans can lead to lawsuits and significant penalties. The enactment of the CARES Act and the 2021 CAA significantly impacted the administration and fiduciary obligations for health plans. The key areas of the DOL's focus for audits and enforcement include mental health parity compliance, emergency services, and health service providers' self-dealing. ERISA counsel must identify potential compliance pitfalls and understand the required documentation and procedures, investigation/audit triggers, and plan provisions targeted by the DOL and IRS to minimize plan administration issues.
Listen as the panel discusses complex compliance requirements, litigation risks, and potential liability stemming from plan operations and administration, prohibited transactions, and other key issues.
Outline
- Consolidated Appropriations Act for health plans
- Mental health parity rules
- Fiduciary rules and liability
- Plan documents and reporting requirements
- Recent DOL developments
- Best practices for plan sponsors and administrators
Benefits
The panel will review these and other key items:
- What are the key provisions of the CAA for health plans?
- What are the requirements under the mental health parity rules under the CAA?
- What are the fiduciary obligations and rules for health plan sponsors and administrators?
- What are the recent DOL developments and plans for enforcement actions?
- What are best practices to overcome legal and compliance challenges?
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