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
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
Outline
- 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
- Potential fiduciary issues in third-party administrator contracts
- Prohibited transactions and conflicts of interest
- 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
Laura Miller Andrew
Senior Counsel
Smith Gambrell & Russell
Ms. Andrew advises clients in all major aspects of employee benefits including qualified and nonqualified plans, IRS... | Read More
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 Egan
Associate
McDermott Will & Emery
Ms. Crowe focuses her practice on employee benefits and executive compensation. She regularly represents clients facing... | Read More
Ms. Crowe focuses her practice on employee benefits and executive compensation. She regularly represents clients facing litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Ms. Crowe represents plan sponsors, directors, benefits committees and plan fiduciaries of employee benefits plans, including employee stock ownership plans (ESOPs), in class action litigation for breach of fiduciary duty and prohibited transactions, as well as in lawsuits and investigations brought by the Department of Labor.
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J. Christian (Chris) Nemeth
Partner
McDermott Will & Emery
Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA... | Read More
Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA matters, financial and banking cases, business torts and breach of contract actions. He is the Co-Chair of the Firm’s ERISA Litigation group and works closely with the Firm’s Employee Benefits department on all types of Litigation matters, Department of Labor investigations and similar issues.
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