ERISA Covered Health and Welfare Plan Administration: Compliance, Fiduciary Liability, DOL Enforcement Actions
Impact of the 2021 Consolidated Appropriations Act, Mental Health Parity Rules, Prohibited Transactions, Form 5500

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
ERISA
- event Date
Tuesday, July 19, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide ERISA counsel, fiduciaries, and administrators on key health and welfare plan design and compliance challenges. The panel will discuss key issues faced by plan sponsors and administrators, the impact of the Consolidated Appropriations Act (CAA) of 2021, new mental health parity rules, fiduciary liability, plan document requirements, Form 5500, recent DOL enforcement actions, and other key issues.
Faculty

Ms. Watson focuses on ERISA and employee benefits. She concentrates on a wide array of areas including, pension and profit sharing plans, health and welfare benefit plans, including COBRA, HIPAA and the Affordable Care Act, ERISA fiduciary decision-making, Employee Stock Ownership Plans, benefits litigation backup, benefits aspects of mergers and acquisitions, employee benefits aspects of family law, labor laws affecting employee benefits, other employee benefits and deferred Compensation, and employee benefit disputes and employee benefits claims.

Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance, fiduciary liability insurance, to the application of ERISA’s fiduciary standards and prohibited transaction provisions. Mr. Jara has extensive experience resolving issues for corporate plan sponsors and multiemployer plans before the U.S. Department of Labor, where he was formerly a senior pension law specialist and investigator.

Ms. Slaught concentrates her practice on Employee Benefits & ERISA litigation, representing employers, pension and welfare plans and ERISA plan administrators in all aspects of litigation arising from disputes over benefits and fiduciary claims. She counsels compensation and benefit committees and Human Resources management regarding fiduciary duties, the administration of benefit plans, new health care laws and deferred compensation legislation. She has handled a wide range of ERISA matters, including individual pension and welfare benefit claims, severance pay claims, executive compensation disputes, class action claims regarding plan design, and class action claims regarding plan administration and fiduciary responsibility.
Description
The DOL will surely have an active enforcement program focused on health plans in response to rules provided under the CARES Act and the 2021 CAA. ERISA counsel, fiduciaries, and administrators must ensure strict compliance with current regulations and implement procedures to overcome administrative challenges.
The administrative challenges and compliance failures for health and welfare plans can lead to lawsuits and significant penalties. The enactment of the CARES Act and the 2021 CAA will significantly impact the administration and fiduciary obligations for health plans. The key areas of the DOL's focus for audits and enforcement will likely include mental health parity compliance, emergency services, and health service providers' self-dealing. ERISA counsel must identify potential compliance pitfalls and understand the required documentation and procedures, investigation/audit triggers, and plan provisions targeted by the DOL and IRS to minimize plan administration issues.
Listen as the panel discusses complex compliance requirements, next steps in response to the 2021 CAA provisions, litigation risks, and potential liability stemming from plan operations and administration, prohibited transactions, and other key issues.
Outline
- CARES Act compliance for health and welfare plans
- Critical 2021 Consolidated Appropriations Act for health plans
- New mental health parity rules
- Fiduciary rules and liability
- Plan documents and reporting requirements
- Recent DOL developments
- Best practices for plan sponsors and administrators
Benefits
The panel will review these and other key items:
- What are the administrative challenges for health and welfare plans under the CARES Act?
- What are the key provisions of the 2021 CAA impacting health plans?
- What are the requirements under the mental health parity rules under the CAA?
- What are the fiduciary obligations and rules for health plan sponsors and administrators?
- What are the recent DOL developments and plans for enforcement actions?
- What are the best practices to overcome legal and compliance challenges?
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