HSAs, FSA, HRAs, and Voluntary Insurance Programs: ERISA vs. Non-ERISA Compliance

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

Wednesday, January 19, 2022

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

Early Registration Discount Deadline, Friday, December 17, 2021

or call 1-800-926-7926

This CLE video webinar will provide ERISA counsel with a review of the advantages and legal risks of health savings accounts (HSAs), flexible savings accounts (FSAs), health reimbursement arrangements (HRAs), and voluntary insurance programs for both employers and employees, and the impact on them of various COVID legislative and regulatory changes. The program will discuss ERISA compliance requirements for FSAs and HRAs, and how to structure HSAs to avoid falling under the purview of ERISA. They will also discuss the liabilities for employers if their HSA plans are subject to ERISA due to mistakes in plan structure.


In an era of high deductible healthcare plans and increasing premiums and co-payments, employers are increasingly adopting arrangements to help employees with healthcare costs and to remain competitive in recruiting and retaining employees.

For employers with high deductible plans, HSAs offer employees the ability to make pre-tax contributions to pay healthcare expenses and accrue tax-free earnings on the amounts they contribute. Voluntary insurance programs allow employers to provide employees with access to insurance programs that the employer does not sponsor or contribute. Voluntary insurance programs and HSAs are not welfare benefit plans subject to ERISA, assuming the employer limits its involvement consistent with Department of Labor rules.

FSAs and HRAs are employee welfare benefit plans that must comply with ERISA requirements and other laws like HIPAA.

Listen as our authoritative panel of ERISA attorneys guides you through the benefits of HSAs, FSAs, HRAs, and voluntary insurance programs for employers and employees. The panel will discuss ERISA compliance requirements for FSAs and HRAs and how to structure HSAs to avoid falling under the purview of ERISA.



  1. HSAs
    1. Department of Labor safe harbor
    2. Permitted restrictions by employer
    3. Prohibited transactions
  2. Contrast with FSAs and HRAs
  3. Voluntary insurance programs and ERISA


The panel will review these and other key issues:

  • Structuring HSAs to avoid being subject to ERISA
  • ERISA and IRC compliance requirements for FSAs and HRAs
  • Voluntary insurance programs: the benefits and legal risks for employers while avoiding ERISA


Watson, Roberta
Roberta Casper Watson

The Wagner Law Group

Ms. Watson focuses on ERISA and employee benefits. She concentrates on a wide array of areas including, pension and...  |  Read More

Mindy, Steven
Steven C. (Steve) Mindy

Katten Muchin Rosenman

Mr. Mindy's practice focuses on employee benefits and ERISA litigation related to health and welfare benefits. He...  |  Read More

Attend on January 19

Early Discount (through 12/17/21)

Cannot Attend January 19?

Early Discount (through 12/17/21)

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:

CLE On-Demand Video