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Health & Welfare Plan Compliance

Partnering with You for Full Compliance

The Affordable Care Act (ACA) has made compliance an even bigger challenge surrounding health and welfare benefits, adding to the pre-ACA requirements under ERISA and the Code. As compliance requirements increase, having a partner like Employee Benefits Law Group is reassuring.

We have the deep expertise that allows us to put ourselves in your shoes to ensure your plans are in compliance with all applicable regulations.

We've done nothing but employment benefits law for nearly 30 years. We know the many compliance requirements for health and welfare benefits, and we know the common problems employers encounter. Here are some issues we help resolve for our clients regularly:

  • Failing to meet ERISA requirements.
  • Not filing multiple Form 5500s when there is no documentation to support the position that all of the benefits are under a single plan.
  • Not complying with COBRA requirements.
  • Treating employee contributions as being made on a pre-tax basis without having a proper cafeteria plan document.
  • Ignoring the nondiscrimination requirements in the Code.
  • Having a medical expense reimbursement plan (MERP) or health reimbursement arrangement (HRA) that is not properly integrated with a group health plan.
  • Improper use of an employee welfare benefit trust.
  • Not realizing that the employer is part of a controlled group, under common control, or part of an affiliated service group such that its employee benefits are out of compliance with a number of statutory requirements.

We are employment law experts and can advise employers, their other advisors and plan fiduciaries on all compliance aspects of employee health and welfare benefit plans, including ACA compliance, reporting and disclosure compliance and nondiscrimination requirements.

"Clients often benefit from a compliance review of their health and welfare plans. We can help them bring their plans into compliance with the applicable plan document, employee disclosure and reporting requirements."

– Ken Ruthenberg, Employee Benefits Law Group Shareholder