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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Wednesday, December 14, 2022

  • 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 course will guide ERISA counsel and plan sponsors on applying ERISA fiduciary rules to health and welfare plans. The panel will discuss the complex compliance requirements, determining who are considered fiduciaries for health and welfare plan decisions and transactions, litigation risks, and potential liability from plan operations issues, prohibited transactions, and conflicts of interests.

Faculty

Laura Miller Andrew
Counsel
Smith Gambrell Russell

Ms. Andrew advises clients in all major aspects of employee benefits including qualified and nonqualified plans, IRS and DOL compliance matters, merger and acquisition issues, executive compensation, and employment agreements. She also concentrates her practice in health care related matters, including health care reform legislation, compliance with HIPAA, federal and state health care anti-fraud laws, such as anti-kickback statute, and Stark Law. Ms. Andrew also advises nursing homes, assisted living facilities, medical device, and life sciences organizations regarding compliance with state and federal regulatory requirements.

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Allison S. Egan
Attorney
Morgan, Lewis & Bockius LLP

Ms. Egan specializes in complex and class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA). She represents benefit plan fiduciaries and sponsors, trustees, boards of directors, and service providers facing litigation involving a wide range of benefit plans, including Employee Stock Ownership Plans (ESOPs), 401(k) retirement plans, defined benefit plans, health and welfare plans, and Taft-Hartley multiemployer plans. She has experience defending claims involving breach of fiduciary duty, prohibited transactions, retirement plan investments and fees, and withdrawal liability

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Description

Most cases involving the application of ERISA fiduciary rules and liability focus on plan sponsors of retirement plans. Recent cases include issues about fiduciary duties and breaches by sponsors, administrators, and trustees of health and welfare plans.

The Department of Labor (DOL) states that plan sponsors, administrators, and trustees are subject to ERISA's fiduciary rules when selecting a healthcare plan service provider. As fiduciaries of the health or welfare plan, employers must ensure that service providers meet required standards and that fees and expenses are reasonable when weighed against the benefits of the plan services.

Determining who fiduciaries are for health and welfare plan decisions and transactions under ERISA can be complicated and involve various factors. Fiduciaries and their counsel must grasp applicable rules regarding plan decisions and avoid prohibited transactions and conflicts of interest. Failure to adhere to these rules can lead to hefty penalties and fines.

Listen as our panel discusses fiduciary rules and potential liability for plan sponsors, administrators, and trustees of health and welfare plans, fiduciaries and litigation risks, and methods to avoid liability due to plan operations and transactions.

Outline

  1. ERISA fiduciary standards for health and welfare plans
    • Determining who is a fiduciary under health and welfare plans
    • Selecting healthcare plan service providers
    • Determining and reviewing health plan fees and expenses
  2. Potential fiduciary issues in third-party administrator contracts
  3. Prohibited transactions and conflicts of interest
  4. Recent cases and best practices for ERISA counsel and plan sponsors

Benefits

The panel will review these and other key issues:

  • Analyzing fiduciary rules as applied to health and welfare plans
  • Avoiding fiduciary liability in the selection and contracting of health service providers
  • Identifying risks of health and welfare plan decisions and transactions by fiduciaries
  • Liability stemming from health plan operation issues
  • Understanding the prohibited transactions and conflicts of interests rules as applied to health and welfare plans