Employee Health and Welfare Programs

While health reform laws have caused most employers to take a hard look at whether to continue providing major medical coverage for employees, most employers have decided to continue providing health coverage. Frost Brown Todd has assisted numerous employers with analyzing their eligibility requirements, premiums charged to employees, and other plan design features to avoid "pay or play" penalties and otherwise comply with the Affordable Care Act (Health Reform) and other requirements. 

Health plans are also required to:

  • Offer continuation of coverage that would otherwise end under the Consolidated Omnibus Budget Reconciliation Act (COBRA)
  •  Comply with the Health Insurance Portability and Accountability Act (HIPAA) nondiscrimination rules
  • Must not be structured in violation of age, disability, gender and other nondiscrimination rules 

We also assist clients with health plan compliance.

Additionally, we advise employers on compliance obligations for other welfare benefits, such as life and disability coverage, severance programs, and the other plan types listed below.  These plans have compliance obligations such as tax rules, annual Form 5500 reporting, and employee disclosures.

With increasing litigation involving all types of welfare programs, it is more important than ever for employers to understand and carefully negotiate vendor services agreements. We can assist with service agreements for plans of all types.

  • Health Reimbursement Arrangements (HRAs) and Health Savings Accounts (HSAs)
  • High deductible plans
  • Dependent care programs
  • Medical reimbursement
  • Flexible spending accounts (FSAs)
  • Cafeteria plans
  • Self-insured and insured health and other welfare plans and trusts
  • Life insurance plans
  • Short and long-term disability plans
  • Severance pay plans
  • Tuition assistance plans
  • Adoption assistance plans
  • Multiple Employer Welfare Arrangements (MEWAs) and Voluntary Employees Beneficiary Association (VEBAs)