Employers use health and welfare benefit plans to provide a large portion of employee compensation, yet few employers have the time to deal with the scope and complexity involved with administering many types of these plans. This course covers the common mistakes made with respect to the common tasks and procedures that must be completed in the day-to-day operation of most health and welfare benefit plans. It will address the various employment and benefits laws such as COBRA, HIPAA, ERISA and the Internal Revenue Code, and provide useful suggestions concerning the 'best practice' approach to communications regarding and administration of employee benefit plans.
- Important compliance mistakes identified
- Day-to-day administrative issues reviewed
- Legal consequences reviled
- Correction methods discussed
- Best practices reviewed
- The attendee will be able to discuss and identify HIPAA compliance failures.
- The attendee will be able to identify issues in changes of health and welfare benefit plans.
- The attendee will be able to review common employee communication problems.
8:30 a.m. - 10:30 a.m.
I. Important Compliance Issues
A. ERISA Writing Requirements
1. Plan Document
2. Summary Plan Description Requirements
3. Important Recent Changes To Include
B. HIPAA Compliance Failures
1. Enrollment And Nondiscrimination Issues
2. Privacy Failures
C. Important Federal Mandates Issues
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
II. Issues Arising Upon Adoption, Renewal And Termination Of Health And Welfare Plans
A. Failure To Review Administrative Services Contracts And Insurance Policies
1. Early Termination Penalties
2. Indemnification Clauses That Limits Damages To Fees Received
3. Stop-Loss Policies And Claims Timing
4. Unexpected And Subtle Changes In Policy Coverage Upon Renewal Or Replacement
5. Compliance With Applicable Law
6. Common Employer Friendly Plan Provisions Missing
B. Common Administrative Mistakes
2. Terminating Employees
3. Adding Dependents Mid-Year
4. Document Requests
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
III. Common Employee Communication Problems
A. Failure To Warn Employees Of Upcoming Benefit Changes And Promising Benefits That Don't Exist
B. Failure To Communicate Benefit Terms And Details
C. Other Failures
2:00 p.m. - 3:00 p.m.
IV. Common Problems Created By The Employment Relationship
A. Treatment Of Leased Employees And Independent Contractors
1. Steps To Protect Health and Welfare Plans Against Claims For Participation By Leased Employees And Independent Contractors
B. Extension Of Benefits During Periods Of Severance
1. Extending COBRA Benefits During Periods Of Severance
2. Is Severance Considered Compensation For The Purposes Of Other Plan Benefits?
C. Other Common Employment Issues
3:00 p.m. - 3:10 p.m.
3:10 p.m. - 4:15 p.m.
V. Problems Associated With Day-To-Day Plan Administration
A. Failure To Follow The Terms Of The Plan Document Or Summary Plan Description
B Claims Procedures
C. COBRA Procedures
D. Impact: Standard Of Review
4:15 p.m. - 4:30 p.m.
VI. Questions And Answers