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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Thursday, June 20, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will provide an update in light of the recent Alabama Supreme Court ruling in LePage v. Center for Reproductive Medicine and the implications for companies operating in the IVF industry, including for plan sponsors. The panel will discuss the court's ruling, subsequent legislative proposals, and the litigation landscape for IVF post-LePage, and for plan sponsors, the definition of "medical care" under the Internal Revenue Code and ensuring tax-advantaged medical expense treatment under a plan, as well as other potential benefits considerations.

Faculty

Tiffany D. Downs
Partner
FordHarrison LLP

Ms. Downs advises and assists plan administrators and fiduciaries with the design, drafting and administration of welfare and pension plans, including qualified and non-qualified plans, as well as ERISA, ACA, HIPAA, and COBRA compliance issues. She defends claims under ERISA for benefits, breach of fiduciary duty claims, and claims for equitable relief and discrimination for ERISA plan sponsors, plan administrators, fiduciaries, and third-party administrators.

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Elizabeth M. Chiarello
Miscellaneous
Julie Becker
Senior Managing Associate
Sidley Austin LLP

Ms. Becker's practice focuses on the defense of companies in products liability and class action matters in both state and federal trial courts across the United States. She has successfully represented clients from a variety of industries, including medical devices, pharmaceuticals, consumer care products, and chemicals. Ms. Becker advises clients at all stages of the litigation process. She has played key roles in the development of defense strategy and briefed successful dispositive and discovery motions in both state and federal court. Ms. Becker also has experience in fact and expert development and discovery, including preparing fact, company, and expert witnesses for depositions, taking depositions and day-to-day case management. She has developed experience in the various state consumer protection statutes, having handled class action consumer fraud cases pending in multiple jurisdictions. Ms. Becker leads clients through class action settlement approval and negotiated individual settlements both directly and through mediation. She has prepared witnesses for trial and litigated two federal jury trials, including conducting an opening statement and direct and cross-examinations at trial. In 2022, 2023, and 2024, Ms. Becker was selected to the Illinois Rising Stars list by Super Lawyers, recognized as one of the top rated Class Action & Mass Torts attorneys in Chicago.

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Description

Reproductive health is a component of healthcare and benefits, with health care providers offering a variety of Assistive Reproductive Technologies (“ART”), including in vitro fertilization (“IVF”), and other companies developing mechanisms for coverage for their employees. The Alabama Supreme Court's recent ruling in LePage v. Center for Reproductive Medicine presents new considerations for those operating in the ART/IVF space as well as inclusion of such coverage in health plans. In-house counsel and employee benefits counsel and plan sponsors should understand the impact of this ruling and its potential impacts on the ART/IVF industry as well as health plan coverage and administration.

In the latest wave of post-Dobbs rulings, the Alabama Supreme Court ruled on the characterization of frozen embryos under state law. The decision was reported to have restricted access to reproductive healthcare, leading some employers to consider other options for Alabama employees.

Companies that provide ART, including IVF, should be aware of this ruling when providing ART/IVF services, and employee benefits counsel and plan sponsors must as well as when structuring health plans and the inclusion of IVF benefits and available options for impacted employees.

Listen as our panel discusses the court's ruling, subsequent legislative proposals, and the litigation landscape for IVF post-LePage, and for plan sponsors, the definition of "medical care" under the Internal Revenue Code, ensuring tax-advantaged medical expense treatment under a plan, and other potential benefits considerations.

Outline

  1. Background on IVF/ART
  2. LePage v. Center for Reproductive Medicine
  3. Alabama Legislature’s Response to LePage and Other Legislative Proposals
  4. IVF Litigation
  5. Impact on IVF treatments for health plans and plan sponsors
  6. Key issues for IVF coverage and health plan design
  7. Best practices and next steps for plan sponsors

Benefits

The panel will discuss these and other critical issues:

  • What are the claims and holding of LePage v. Center for Reproductive Medicine?
  • What new legislation was proposed or adopted following LePage?
  • How might the ruling affect IVF litigation?
  • What is the future of IVF and the IVF legal landscape?
  • What is the impact of the Alabama Supreme Court ruling on IVF benefits in health plans?
  • How does the ruling impact health plan design and IVF coverage for those seeking options for employees?
  • What are next steps for plan sponsors and administrators in light of the court's decision?