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

Ms. Rigterink is senior counsel in the Labor Department and a member of the Compensation & Benefits Group. Her wide-ranging practice focuses on tax-qualified retirement plans and health and welfare benefits, with a special focus on COBRA, Affordable Care Act, mental health parity, and surprise billing and transparency issues. Ms. Rigterink is the editor of the resource Mandated Health Benefits: The COBRA Guide and a regular contributor to national publications on employee benefits topics. She frequently counsels clients on health and welfare arrangement design, with significant expertise on all matters relating to family building and reproductive health care benefits. Ms. Rigterink's experience also includes working with employers and plan sponsors on mental health parity design and audit issues.

Mr. Rothman advises publicly traded companies, closely held businesses and nonprofit organizations on all aspects of qualified and nonqualified employee benefit plans, executive compensation plans, health and welfare plans, employment agreements and other related legal and compliance issues. He advises clients on their tax-qualified plans including plan design and adoption, ERISA compliance, day-to-day plan operation, fiduciary compliance, IRS and DOL plan audits and submissions under the Employee Plans Compliance Resolution System, the Voluntary Fiduciary Correction Program, and the Delinquent Filer Voluntary Compliance Program. In addition, Mr. Rothman advises employers on their welfare benefit plan compliance issues. This includes counseling employers on the Affordable Care Act, COBRA, HIPAA, ERISA, and wellness plan design.

Ms. Wheatley is an experienced and versatile litigator who approaches cases strategically and is skilled in all stages of litigation, including trial. She handles complex litigation and government investigations with a particular focus on health care related litigation. Ms. Wheatley regularly represents health plan sponsors, TPAs and health insurers in various litigation, including suits brought under ERISA, the Mental Health Parity and Addiction Equity Act (MHPAEA), and the Affordable Care Act (ACA), as well as in investigations by federal and state regulators. In addition to her healthcare practice, Ms. Wheatley represents clients in employer stock, affiliated funds, imprudent investment and 401(k) litigation and related government investigations. She also works with non-profit certification boards and foundations on compliance issues.