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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, March 11, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course 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, ERISA fiduciary issues, critical terms and provisions to minimize liability and risks, and best practices in selecting, contracting, and monitoring third-party providers. The panel will also provide insight into the impact of recent court cases and legislation impacting these agreements and potential risks to employers and service providers.

Faculty

S. Bradley Perkins
Partner
Seyfarth Shaw LLP

Mr. Perkins practices in the areas of employee benefits fiduciary advice, ERISA litigation, and litigation involving fraudulent and abusive health care providers. He has represented clients in a wide range of ERISA matters in court and in arbitration, including complex class actions and single-plaintiff lawsuits. Mr. Perkins has handled matters involving individual pension and welfare benefit claims, severance pay claims, executive compensation disputes, benefit discrimination, and claims regarding plan design and fiduciary responsibility. In the class action realm, he has defended various types of claims, including claims for benefits and claims for breach of fiduciary duty, including 401(k) fee and proprietary fund litigations.

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Teresa Pofok
Shareholder
Tucker Arensberg, P.C.

Ms. Pofok is an attorney in Tucker Arensberg’s Litigation department. She has nearly three decades of experience in the area of ERISA and employee benefits primarily representing multiemployer benefit plans on health, welfare, retirement, and apprenticeship/training, and benefit issues. Her work includes representing clients in front of government agencies (IRS, DOL, and Pension Guaranty Corporation) and advising them on the issues of legislative compliance such as ERISA claims procedures, the Affordable Care Act, COBRA coverage, retirement plans, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, multiemployer funding legislation, and plan mergers and terminations.

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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 fiduciary responsibilities; addresses compliance with ERISA and other applicable federal and state laws, including access to all information necessary to allow the plan sponsor to demonstrate compliance; 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 structuring, executing, and monitoring administrative services agreements.

Outline

  1. Selecting third-party providers
  2. Negotiating administrative services agreement terms
  3. Measuring performance
  4. Terminating agreements
  5. Common contracting pitfalls
  6. Impact of recent court cases and legislation

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?
  • What are the ERISA-required provisions and disclosures that need to be included in administrative services agreements?
  • What is the impact of recent court cases and legislation and what are next steps for counsel?