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 premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, December 14, 2022 (in 5 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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.

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.

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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

Allison S. Egan
Allison S. Egan

Attorney
Morgan, Lewis & Bockius

Ms. Egan specializes in complex and class action litigation under the Employee Retirement Income Security Act of 1974...  |  Read More

Attend on December 14

Cannot Attend December 14?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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