Health and Welfare Benefits

Smith & Downey has broad experience in all types of employee health and welfare benefit arrangements, and regularly provides clients with a complete range of advice concerning the Patient Protection and Affordable Care Act (i.e., health care reform law).

The firm regularly counsels clients on health plans (including insured and self-funded plans), welfare benefit plan wrap documents, section 125 “cafeteria” and flexible benefit plans, voluntary employee beneficiary associations (VEBAs), multiple employer welfare benefit arrangements (MEWAs, METs, and 419 Trusts), and other welfare benefit arrangements (e.g., medical and dental plans, disability plans, life insurance plans, retiree welfare plans, flexible spending arrangements (FSAs), health savings accounts (HSAs), and health reimbursement arrangements (HRAs)).

The firm’s attorneys advise clients on the impact of the nondiscrimination requirements under Internal Revenue Code sections 105(h) and 125, and the health care reform law, among others. Smith & Downey routinely advises clients on:

  • Compliance with all facets of HIPAA, HITECH, GINA, COBRA, and the anti-discrimination requirements for employee health and welfare benefit arrangements
  • The options available for compliance with FASB standards such as FAS106 and FAS112
  • The effect of the Americans with Disabilities Act (ADA), the Older Workers Benefit Protection Act (OWBPA), and the Family and Medical Leave Act (FMLA) on employee benefit plans
  • The Affordable Care Act (PPACA)
  • The myriad of other federal laws impacting health and welfare benefit arrangements

Smith & Downey's health and welfare benefits practice is an element of the firm's nationwide work in employee benefits and executive compensation law.For additional information, contact Smith & Downey.