Health and Welfare Plans
Greensfelder’s Employee Benefits Practice Group not only drafts health and welfare plans, but also gives extensive counseling regarding the operation of these plans. We have been involved in domestic partner issues, drafting enforceable subrogation provisions, extensively advising our clients about HIPAA compliance, and all other facets of this area.
In an era of escalating medical costs, it is imperative that the sponsoring employer understand precisely what benefits it offers through its medical plan and that those benefits are clearly and accurately written into the plan and summary plan description. To that end, our attorneys have prepared numerous medical plan documents, have counseled clients regarding cost-saving measures with respect to their medical plans and have handled numerous claims under medical plans regarding such items as whether particular treatments are experimental.
Tax driven benefits such as cafeteria plans are an essential component of most employee benefit programs. Greensfelder employee benefits attorneys have been handling the design, drafting and implementation of cafeteria plans since the mid-eighties. We are intimately familiar with both the final and proposed regulations with respect to these arrangements and understand how to advise clients as to the avoidance of noncompliance.
Dependent Care Assistance
As a subcomponent of most employee benefit programs, many employers provide a dependent care assistance program for the benefit of their employees. These programs require proper design, drafting and implementation. Greensfelder attorneys have handled many such plans and are keenly aware of the compliance issues regarding dependent care assistance programs.
Life insurance inevitably comes in different packages. To that end, our attorneys have worked with group term life insurance, split dollar life insurance, universal life insurance, self-funded death benefit programs and other more exotic forms of insurance. We not only understand the rules governing these programs, we understand how they are best used in an employer’s benefit program package. Accordingly, our advice oftentimes is not only legal, but also practical with respect to these programs.
Greensfelder employee benefits attorneys have drafted and worked with numerous long-term and short-term disability programs. We have drafted these plans and litigated claims against the plans. Given our litigation experience, as well as our design and drafting experience, we are keenly aware of the issues regarding the definition of disability and the difficulties, which arise regarding the compilation of such plans.
HIPAA relates to several aspects of the operation of employee welfare benefit plans and includes such things as electronic data transfer, privacy concerns and substantive requirements imposed on medical plans. We have dedicated significant resources to understanding and implementing HIPAA compliance.
Health Care Reimbursement
Frequently an employer will require a tax effective way to provide medical benefits. A medical reimbursement or health care reimbursement program is such a program, which we have had significant experience in designing, drafting and implementing.
COBRA has evolved into a major national cultural institution. Its compliance is complex and fraught with the potential for severe penalties. Greensfelder attorneys are well versed in COBRA compliance. Moreover, we have represented the defendants in one of the most celebrated COBRA compliance court cases, Geissal v. Moore Medical Corp.
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Attorneys / Health and Welfare Plans