Welcome and Benefits Litigation Update
Lessons learned from recent U.S. Supreme Court and federal circuit court decisions involving plan documents and plan administration.
Legislative and Regulatory Outlook
A big-picture look at cafeteria plans and health benefits, highlighting recent legislative and regulatory developments. We’ll consider the political landscape, where the benefits market is headed, and what plan sponsors, service providers, and advisors can do to prepare.
Key Issues in Negotiating Administrative Services Agreements
11:50 am-12:40 pm
Our checklist-style approach will highlight key issues for both plan sponsors and service providers—including ERISA fiduciary status, indemnification, HIPAA business associate responsibilities, contract termination, and more—and consider provisions from EBIA sample documents.
HRA and HSA Update
President Trump’s October 2017 executive order encouraged flexibility for HRAs; are proposed regulations or other guidance coming soon? On the HSA side, we’ll focus on developments relating to disqualifying coverage—including the effect of Medicare coverage, the scope of preventive care in the wake of state mandates, the impact of telemedicine and other nontraditional approaches to delivering care.
MEWAs and Association Health Plans
Analysis of the DOL’s June 2018 final regulations addressing President Trump’s executive order to promote greater flexibility for association health plans. How are affected parties responding? What stumbling blocks remain?
Electronic Delivery of Participant Communications: The DOL’s Safe Harbor, Privacy Considerations, and More
The DOL’s regulatory safe harbor for electronic delivery of SPDs and other ERISA-required disclosures is more than 15 years old. Without an official update, what practical approaches are available to plan sponsors and service providers? And what other legal issues should plan sponsors and service providers consider when delivering benefit plan materials electronically—or using mobile applications for plan communications?
The Future of Wellness Program Compliance
This challenging subset of benefits—encompassing educational programs, physical fitness encouragement, health questionnaires, biometric tests, and more—continues to be in the spotlight. We’ll analyze the evolving regulatory landscape, the impact of the AARP v. EEOC decision, and pending litigation invoking ERISA.
HIPAA Security and Beyond: Best Practices for Safeguarding Electronic Information
What are the characteristics of an effective HIPAA security program? What should covered entities and business associates consider when developing a program? We’ll also go “beyond” the HIPAA regulations to share strategies gleaned from NIST resources and consider how a comprehensive approach to HIPAA security can inform best practices for non-health plans as well.
Lessons Learned from Employer Shared Responsibility Enforcement
What insights can be gleaned from Code Section 4980H enforcement activity? How should ALEs respond to receiving notices and letters? We’ll highlight the interaction between ALEs’ information reporting and 4980H penalty assessment, offering strategies for avoiding red flags.
Conference Q&A Panel
The Virtual Conference speakers gather to answer your questions from throughout the Conference.