Health and Welfare Plan Administrative Services Agreements: Negotiating, Drafting and Monitoring Agreements

Guidance for Counsel to Employers and Third-Party Service Providers

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, October 18, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare employee benefits counsel to advise employers and third-party service providers on negotiating and drafting administrative services agreements for health and welfare plans. The panel will discuss practical legal and business considerations and best practices.

Description

Selecting, monitoring and ensuring the effectiveness of third-party service providers in the context of health and welfare benefits administration is generally accomplished through an administrative services agreement. Negotiating these agreements raises a host of complex compliance, risk management and business considerations for employers and service providers.

An effective administrative services agreement clearly outlines the scope of services being rendered; defines the rights and obligations of the parties, including ERISA fiduciary responsibilities; addresses compliance with ERISA and other applicable federal and state laws; and includes well-crafted risk management provisions, including indemnification and liability limitations.

Benefits counsel negotiating administrative services agreements on behalf of employers or third-party service providers must have a thorough knowledge of the risks and liabilities involved to negotiate the most favorable terms for the client and avoid pitfalls.

Listen as our panel of experienced employee benefits attorneys examines relevant legal and business considerations and offers best practices for health and welfare plan sponsors and third-party service providers when negotiating, drafting and monitoring administrative services agreements.

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Outline

  1. Selecting third-party providers
  2. Negotiating administrative services agreement terms
    1. Services needed by plan sponsors
    2. ERISA fiduciary issues
    3. Common contracting terms
    4. Allocation of risk/liability, and provisions for termination
  3. Monitoring third-party performance

Benefits

The panel will review these and other key issues:

  • What factors should counsel take into account when selecting third-party providers to administer health and welfare benefit plans?
  • What key terms should be included in administrative services agreements?
  • Additional negotiating issues raised by ERISA and practical business concerns.

Faculty

Todd B. Castleton
Todd B. Castleton

Senior Counsel
Proskauer Rose

Mr. Castleton’s practice focuses on the compliance and administration of qualified defined contribution and...  |  Read More

Sarah E. Downie
Sarah E. Downie

Partner
Weil Gotshal & Manges

Ms. Downie has extensive experience in the executive compensation and employee benefits aspects of M&As and...  |  Read More

Andrew L. Oringer
Andrew L. Oringer

Partner
Dechert

Mr. Oringer's practice includes advising clients regarding ERISA and employee benefits generally, including...  |  Read More

Shannon Rushing, Esq.
Shannon Rushing, Esq.

Dechert

Ms. Rushing concentrates her practice on group health plan and healthcare provider compliance matters. She advises...  |  Read More

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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:

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