ERISA Fiduciary Rules for Health and Welfare Plans: Compliance Requirements and Litigation Risks for Plan Sponsors

Minimizing Liability of Health Plan Operations, Prohibited Transactions, and Conflicts of Interest

A live 90-minute CLE webinar with interactive Q&A


Tuesday, October 22, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 27, 2019

or call 1-800-926-7926

This CLE webinar will provide guidance to ERISA counsel and plan sponsors on the application of 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 stemming from plan operations issues, prohibited transactions, and conflicts of interests.

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. Employers, as fiduciaries of the health or welfare plan, must ensure that service providers meet required standards and fees and expenses are reasonable when weighed against the benefits of the plan services.

Determining who are fiduciaries for health and welfare plan decisions and transactions under ERISA can be complicated and involves a variety of factors. Fiduciaries and their counsel must grasp applicable rules regarding plan decisions and avoid prohibited transactions and conflicts of interests. 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.

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Outline

  1. ERISA fiduciary standards for health and welfare plans
    1. Determining who is a fiduciary under health and welfare plans
    2. Selecting healthcare plan service providers
    3. 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

Faculty

Andrew, Laura
Laura Miller Andrew

Counsel
Smith Gambrell & Russell

Ms. Andrew advises clients in all major aspects of employee benefits including qualified and nonqualified plans, IRS...  |  Read More

Crowe, Allison
Allison Crowe

Associate
McDermott Will & Emery

Ms. Crowe focuses her practice on employee benefits and executive compensation. She regularly represents clients facing...  |  Read More

Nemeth, J. Christian
J. Christian Nemeth

Partner
McDermott Will & Emery

Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA...  |  Read More

Live Webinar

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Live Webinar

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Live Webinar & Download

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Live Webinar & DVD

$344 + $19.45 S&H

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $19.45 S&H